Roof Terrance Question

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    Roof Terrance Question

    Hello,

    I've had a good look around the forums but I haven't found anything. Applogies if I have missed anything.

    The situation:
    The lessee (lets call then A) living room on the ground floor is topped with a roof terrace belonging to lessee on the 1st floor (lets call them B). The roof terrace only makes contact with the supporting walls and not with the surface of the roof. Lessee A on the ground floor has reported water damage to the ceiling in the living room.

    The question:
    Who in this case is responsible for repairing leak, lessee B or the lessor? The lessee in flat B is claiming the lessor (landlord) is responsible for fixing and claiming back though all parties since there is no mention the roof has been demised in the plan only "terrace" and the phrase "roof terrace" and has responsibility under the Reserved Property.

    Points of interest in the lease.
    The Reserved Property
    "The main structural parts of all the builds on the Property including the roofs roof voids (unless otherwise demised) the foundation and external parts thereof and the walls and deilings dividing one Flat from another and the structural walls within the Flats (but not the surfaces of any floors walls and ceilings and any part of any suspended ceilings with the flats"

    The Premises
    "All that flat on the first floor of the building known as xxADDRESSxx TOGETHER WITH the roof terrace as show edged in red on plan 2 TOGTEHER ALSO WITH in the case of the Flat the non-structural walls and partitions lying wholly within the Premises and the internal plaster covering the plasterwork of the wall bounding the Premises and the door and door frames fitted therein and the windows and window frames and the service media used solely for the purpose of the demised premises BUT excluding the Reserved Property."

    Thoughts and comments welcome! Thanks in advance. Chris

    Attached: Plan 2 reference to terrace.
    Plan2.jpg

    #2
    Freeholder is responsible.

    Comment


      #3
      Originally posted by bbva View Post
      Freeholder is responsible.
      Thank you bbva. Would the reason be because "roof" is not specifically mentioned within the Premises? The words "Terrace" and "Roof Terrace" whilst mentioned in The Premises have a different meaning and function?

      A follow up question, the landlord has suggested this is referred to the Leasehold Advisory Service. Does anyone have an experience to the time scales involved. When reading some of the judgements and summaries it looks like it takes a few months?

      Comment


        #4
        Well you cant say that BBVA as we haven't seen what the ground floor flat lease says about the roof. Nor do we know what the cause of the water leak is.

        It could be related to the tie in of the roof terrace into the walls such as a defective flashing or pointing, or as is very common all the detritus and debris from a roof terrace gets in between what I suspect is a timber terrace, and has blocked the outlet. As the OP has on obligation to clear his his own waste no matter if it ends up on a roof that the freeholder of GFF is responsible for, the cause may be his to answer to.

        Find the cause check the GFF lease.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Originally posted by leaseholdanswers View Post
          Well you cant say that BBVA as we haven't seen what the ground floor flat lease says about the roof.
          Thank you leaseholdanswers, do I have any rights to see the GFF lease? How would I obtain a copy? I am nervous about speaking to the neighbours downstairs incasethe managing agent uses this against me. Or am I just being paranoid?

          Comment


            #6
            First of all you have to identify the cause. A visual check of the underside of the roof terrace and rain water inlets is the place to start as is the structure around the roof terrace itself e.g. bricks and pointing and capping or coping stones or render, for their condition.

            Your insurance policy may well include the cost of trace and access which can be achieved by a cooperative MA, though most are simply administrators or people pleasers these days with little building knowledge, or a builder or building surveyor.

            Second, and in that order, the MA may well have a copy of the GFF lease or can acquire one via HMLR.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment

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