Legal advice for leaseholder

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    Legal advice for leaseholder

    Not sure if this is the correct place to post this but I am a leaseholder wanting advice on interpreting a lease
    can anyone help

    #2
    You have come to the right place, though if your question is on a long lease you should pose it in the forum headed: Long Leasehold Questions.

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      #3
      I suggest looking on LEASE site. You can get free legally qualified advice by phone or email. I've always found them very helpful.

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        #4
        Sunglasses,

        You would be best asking an actual question.

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          #5
          If course- just checking if this was the right place. I couldn’t see a lease section. I will ask it anyway.
          i have a flat underneath a flat with a roof terrace demised to them on their lease. It says they are responsible for maintaining the surface of the roof but not the underlying structure which is the responsibility of the landlord. As they have decking on it to use as an outside terrace they are interpreting the lease to suggest they only have to maintain the decking. The flat roof is leaking in to my flat and I want to know whose responsibility it is to fix. Can anyone help

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            #6
            On the face of it, if the lessee is responsible for the surface then that would seem the likely leak source so I would approach them first and then the freeholder if no joy.

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              #7
              We suspect the source of the leak is from several areas - insufficient or missing upstands and roof material not finished properly around edge of a conservatory which us built into the flat roof. All the wooden sills around conservatory are rotten and are clearly soaking up water. Contractors have told me that it is causing or certainly contributing to the leaking in my flat. I have suggested a surveyor but the owners of the flat won’t pay for one. We are in the process of getting contractor quotes for replacement of felt and are hoping with correct upstands it will solve the issue. I think not inspecting the conservatory is short sighted but don’t know how I can insist on an inspection as it’s not mine! I actually don’t think the RTM company should be doing this repair at all and believe it is the job if the owner of the roof terrace. They don’t agree!! What should I do?

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                #8
                1. What is your role(s) in this that mean you have access to part of your upstairs neighbour's property and have arranged quotes for work?
                2. A felt roof does not sound suitable for a surface that is traversed other than for maintenance and inspection purposes.

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                  #9
                  I am a director of the RTM company. We are 5 flats. The upstairs flats lease says they are responsible for repairing the surface of the roof which they think is the wooden decking they have on top of the flat roof. We were getting quotes as an RTM company using a section 20 process. We are at the end of the initial consultation but many of my suggestions for making sure the work is done properly has been over-ruled by the other flat owners as being too fussy. Do they have a responsibility for repairing/ stopping the leak or do we as an RTM company have to do it?

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                    #10
                    It sounds like it needs to be taken up with the freeholder as a breach of the lease.

                    Freeholder can, as a last resort, seek forfeiture of the lease.

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                      #11
                      Thanks for the advice. So the lease says they have responsibility for the flat roof surface - so is that the felt or EPDM etc? And not the decking on top of it? And if the Landlord is responsible for the structure underneath does that mean roof deck, joists etc? Just trying to get a definition of these terms to help interpret the lease. It’s a flat roof terrace totally demised to their flat and not a communal area.

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                        #12
                        Are there any opinions or advice in the above?

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                          #13
                          Check the drainpipe which allows rainwater to run off the roof terrace is not blocked by old leaves or dirt.

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                            #14
                            As advised, have you asked LEASE ? I suspect you need a surveyor with a knowledge of leasehold law to advise.

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                              #15
                              I have asked LEASE Thank you and am awaiting advice from them. I was just wondering if anyone had an opinion here on what a flat roof surface is.

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