Whose responsibility is the roof

[Alison James]

I own the downstairs flat of a pair. The upstairs owner says that the roof needs to be repaired.
As far as I was aware, the roof is the responsibility of the owner upstairs. Is this correct?
If I am liable for half of the roof repair, is there a procedure that he must follow. Ie get my agreement before spending any money?

[fletchj]

Are you a tenant (renting from landlord)
Long leaseholder - you bought the flat and can sell it on.

If you are a leaseholder this question is better answered on the long leasehold board. It you are a tenant then its your landlord's problem.

Repost on long leasehold but I can tell the first answer you are going to get - it depends what your lease says. It would be entirely normal for you to have to share in the cost of upkeep of the structure e.g. the roof. Similarly your upstairs neighbour is likely to have to contribute to, say, the treatment of rising damp even though it only effects your flat.

Large repairs like this do have a procedure which will be done through the freeholder,

[Terry_Baker]

That's a pretty standard thing when renting a flat, espcially if you are on the top floor, you want to know what you technically own. Do you have access to there roof? Do you use it as storage space, and do you have access to it? If not than I would be a bit annoyed about paying for a roof that I can't use to store things, and they can/do.

[Alison James]

Thanks for these replies.
On considering this, I think I may be responsible. However, if I am, what is the position if we disagree re: repairs.
Suppose the top flat owner wants a new roof, and I cannot afford this at the moment and would be happy with a temporary repair (perhaps lasting a few years) He also wants to remove the chimney which I don't as I do no want to prejudice having an open fire.
What can he insist upon?

[jeffrey]

First, read your lease and tell us whether the demised premises do or don't include the roof.

[fletchj]

You seem to be starting from scratch here a bit - you need to figure out the following.

1. You seem to be a leaseholder i.e. you bought a flat.
2. Who is the freeholder - likely anwers are: You and the other flat own it together, either you or the other flat owner, it is owned by a third party.
3. All of your obligations with respect to repair and what you have to pay towards them will be specified in your lease.
4. Major works like replacing the roof also have some other rules about the freeholder needing to get quotes and discuss with the leaseholders.

If you come back here with the specifics you will get a clear picture.