License to alter and roof terrace issues

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    License to alter and roof terrace issues

    Hi. Hopefully someone can help me with insight into this situation.
    1) I am a ground floor flat owner ( lease holder ) and also joint freeholder of a 2 flat building. I own the ground floor flat and the owner upstairs has a roof terrace ( demised on his lease) on top of my rear extension. I have planning permission to extend into the side return of my flat, which entails joining the flat roof of the side extension onto one side of the roof terrace.
    It was originally just a roof covering and about 4 years a go the owner reroofed it properly but the edges are wood and rotten. Is it my responsibility ( my builders) during my build to make sure that the whole roof terrace is watertight and sealed as we are going to build just below the roof terrace to avoid joining directly to it? .
    2) I am paying a surveyor to complete the license to alter. He is making me jump through hoops before he will sign it off and I suspect that he is being lead by the other freeholder despite supposedly working in the interest of both of us which is how he should be working. He is also completing the party wall agreement for the upstairs owner as he declined to agree to the party wall agreement. Is there anything I can do to monitor what he is doing/asking for as everything seems to be biased towards the flat upstairs.
    Thanks so much for your thoughts.

    #2
    What do your leases say?

    Your leases should say who is responsible for maintenance of the roof and roof terrace.
    As it is an extension, it will not have been included in the original leases and these should therefore have been amended at the time that the extension was built (unless, of course, the leases were both granted after the extension was built).
    It may be that full responsibility for the maintenance of the roof lies with you because it is your extension.

    However, the leases should really have been amended again when the roof terrace was created, with an agreement that the upstairs leaseholder would be responsible for an appropriate part of the costs of maintenance.

    If your leases don't adequately cover who is responsible, it may be that it is the freeholder who is responsible for the costs (or some of them), and you will have to share the freeholder's costs equally.

    Regarding the second part of your question, the surveyor should be informing you of everything that he is doing - so tell him that.

    Comment

    Latest Activity

    Collapse

    • Legal Action Against Landlord - Local Council
      by Isaac1400
      Hi,

      Hoping someone can advise. I am leaseholder and the landlord is a local council. my property is a flat and there are about 55 flats spread out over 3 floors.

      Now the problem is that over the years the council has failed to maintain the exterior and communal areas - including...
      02-12-2021, 07:13 AM
    • Reply to Legal Action Against Landlord - Local Council
      by Section20z
      It may benefit older leases by removing "marriage value" from lease extensions but this would not help you _ and freeholders are also aware of imminent changes and may be more willing to negotiate prior.
      Speak with a specialist like Homehold.org who will negotiate on your behalf,...
      05-12-2021, 07:14 AM
    • How much can the freeholder charge for registering details of a sublet?
      by Joubert
      I am a director of a Freehold Company of a small block of 28 flats in a popular residential area.

      Over the past few years the majority of flats have been purchased by investors who sublet the flats on ASTs.

      Although the leases between the Freehold Company and the lessees are...
      04-12-2021, 17:35 PM
    • Reply to How much can the freeholder charge for registering details of a sublet?
      by eagle2
      If the lease states that you may charge a registration fee of £10, that is the amount you may charge, you are not entitled to increase the charge unless the lease specifically allows an increase. Even then you would be limited to a reasonable amount and £100 would be considered to be unreasonable....
      05-12-2021, 06:55 AM
    • Reply to Legal Action Against Landlord - Local Council
      by andydd
      I sued my freeholder for failure to maintain my driveway, judge was quite damning but I was only awarded £100 as hard to proof any loss BUT in your case it sounds you have exceptional worry over various incidents so yes you could sue and as I found out it was useful, I got costs too and its something...
      04-12-2021, 21:19 PM
    • Dilapidated Flat
      by scot22
      In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?
      04-12-2021, 11:21 AM
    • Reply to Dilapidated Flat
      by scot22
      Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
      Artful in my research I read that can only claim for her ownership period.
      It is all i...
      04-12-2021, 19:33 PM
    • Reply to Legal Action Against Landlord - Local Council
      by Isaac1400
      Thank you for bringing this to my attention. I have heard of this. In summary do you know if this would benefit those with older leases and not on the builds which have has issues with rising ground rent etc?...
      04-12-2021, 19:09 PM
    • Reply to Dilapidated Flat
      by Macromia
      If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the...
      04-12-2021, 16:59 PM
    • Reply to Dilapidated Flat
      by theartfullodger
      The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

      Presumably she got a great price as it was so dilapidated
      04-12-2021, 16:51 PM
    Working...
    X