Charge for flat roof being used as a terrace by first floor occupants.

[farquar99]

I own a leasehold ground floor flat with a maisonette above. This property is owned by the freeholder and both properties are let on ASTs. We have recently received an invoice for roof repairs (without appropriate Section 20 notice - which is another matter) for a flat roof that we have discovered has been used as a terrace for 20+ years (not visible from the road). There is a door from one of the maisonette's bedrooms on the upper level and the terrace is directly above the bathroom of the maisonette. The freeholder has advised us that he has consulted with his solicitor and she has confirmed that there is no reason why he should not use this area as a terrace. Having now done some research into the matter, it appears planning permission was granted in 1989.

My question is: Why should we have to pay for the repairs of an area used solely by the upstairs tenants? Also, it would appear from the invoice that the works involved replacing the existing felt and tar roof with some kind of fibre glass coating making it suitable to walk on. The walls around the terrace have also been given this coating and we are being charged for half of this cost. We understand that we could just pay £250 as the Section 20 notice was not issued, but we have previously paid for other roof repairs, thinking it was just a normal flat roof.

thanks

[leaseholdanswers]

it depends on the lease as to who repairs it who pays for it and if the new coating is an improvement or not a repair in the context of the lease and its use. These days depending on the system a walkable surface does not often cost that much more in materials and little extra in labour.

Frankly its easier to just pay £250 on the basis of failing to consult than incur expense arguing whether its right or not. if done well it'll be long time before the issue comes back up.

if they threaten legal action then immediately go to the LVT first, don't let them initiate proceedings, and raise the pay ability as well as consultation and the terms of the lease then.
.

[farquar99]

We guessed this would be the best way forward. Many thanks for your quick response.