Balcony Roof Repair - Landlord's Responsibility?

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

    Balcony Roof Repair - Landlord's Responsibility?

    Hello all,

    Long time lurker, first time poster. I've looked at similar posts but none seem to match directly with my situation, so bear me out!

    I own a leasehold flat on the fourth floor of a block of 30, that I rent out. The demised area includes the balcony, which I have exclusive use. The lease states that the tiling / floorboards are my responsibility, including 1/2 the area between both the ceiling and floors. The balcony is not in its entirety free-standing, more than half of its extent comprises the roof of the flat below. There are two water waste drains on the inward edge. They do not drain solely my balcony; pipes lead down from the roof above. Pipes, where they are stated in the lease as being the Landlord's responsibility, are defined as: "...drains, mains, ducts, conduits, gutters, watercourses.." and not exclusively serving one dwelling.

    At the end of a long term tenancy last September, I saw that the tiles had lifted in most places and were a potential tripping hazard. I had no reports of leaks from the downstairs property.

    After contacting the managing agents in November stating that in my opinion it forms part of the roof, it should be the Landlord's responsibility for repairs. They stuck to the spiel that it's a balcony, and just tiling, and under my demise, so not so. I agreed on a contractor to undertake the repairs who, upon lifting the tiles packed up and said it was a bigger job than he was capable. The lunar landscape of the surface that was revealed is of asphalt and on subsequent assessment by two separate contractors, appears to have been a fault in the laying stage; that it hadn't been packed properly and the holes enlarged and caused the lifted tiles. As the development was built in 1996, I have no recall to the original developers.

    I employed one of the contractors, and their intention was to remove all the asphalt, level with consideration to the drains, and apply Cure-it glassfibre roofing with decking.

    With this agreed, on excavation of the asphalt, what has been revealed are thermal boards, such that should not be apparent on a balcony, and no tiles should have been applied above them. The contractor was expecting to see concrete beneath the asphalt. There is concrete beneath 4 inches of this thermal layer. Their intention now is to strip all of the insulation from the balcony and make a stud wood construction, then fill between the stud with 4" insulation and board up with exterior tongue and groove ply wood board. Then apply the glassfibre roofing and decking. This involves more cost, and work has now stopped till we hear from the managing agents, the fear being that they maintain that it's still my responsibility to effect repairs.

    My question is how do I ensure that the Landlord accept responsibility for the repair?
    Could my balcony be regarded as a watercourse for the two common water pipes/drains?

    Many thanks in advance.

    #2
    How many other balconies are there?

    Reason I ask is because it sounds like this will be a problem for everyone. In that case the cost for doing the whole block will likely be similar per flat as you are paying now. In that case, is there any point in getting the landlord involved?

    Comment


      #3
      Hi JKO,
      Well, there are I would estimate about 20 balconies in the block. Not all the balconies are the same design, mine seems to be unique in having an area that forms part of the flat below. Most if not all the others are free in space with no enclosed living area beneath them. They would therefore I assume not have the insulation layer.
      I can of course bite the bullet, but would rather not have to.
      I will have a word with the contractor if they've done work on other balconies in the block, I have a feeling they have.

      Comment

      Latest Activity

      Collapse

      • Chimney pot gas compliance
        by Perfectgame
        Out home is a Leasehold ‘house’ jutting out from a refurbished Grade2* building comprising 55 apartments. Ours is the only one with gas supply to the C19th chimney. We had a gas fire recently installed, but the chimney pot did not comply with the gas fire. According to the freeholder the existing...
        23-03-2020, 15:11 PM
      • Reply to Chimney pot gas compliance
        by AndrewDod
        Is this the first gas fire in this spot -- why does it have a gas supply?
        If you plan to make some amendment to your flat why do you feel other lessees should pay the cost?

        In this whole thread I think we need to be careful of words -- "responsibility" versus "rights"...
        23-03-2020, 17:49 PM
      • Reply to Chimney pot gas compliance
        by JK0
        I wouldn't argue IIWY. Plenty of freeholders not only charge lessees for doing the job, but bung on hundreds in fees also. Sounds like you have consent to do it yourself, doesn't it?
        23-03-2020, 15:48 PM
      • Reply to Chimney pot gas compliance
        by Interlaken
        What does it say in your lease about walls, roofs and structures outside the confines of your 'house' - that is where the answer lies. Ask the Freeholder to explain why he thinks it is not his responsibility. Usually it is the freeholder's responsibility.
        23-03-2020, 15:31 PM
      • Question on Community Infrastructure Levy (CIL)
        by Clulass
        I realise its not the best time to consider a development project given that the world is about to shut down and maybe end, but it helps distract me, from our impending doom.

        So to my question:

        Am I right in thinking that there is no CIL payable.....IF.... you are converting...
        14-03-2020, 21:29 PM
      • Reply to Question on Community Infrastructure Levy (CIL)
        by Interlaken
        CIL payments depend on which local authority you are in. In my area of work and having a Neighbourhood Plan in place 25% of CIL did go to the plan area for use in the community but suddenly our new Unitary Authority banned this so CIL goes into one big pot to be bid for. This does not please me and...
        23-03-2020, 09:34 AM
      • 1 bed to 2 bed conversion
        by slix_88
        Hi all

        First time poster here after lurking on these forums for the past week. I've just put an offer on a large 800+ sqft 1 bedroom flat and was hoping to get your input with regards to the Building Regulations. For a moment, I am assuming the landlord / freeholder may refuse consent under...
        14-03-2020, 14:46 PM
      • Reply to 1 bed to 2 bed conversion
        by leaseholder64
        I think there may already have been an unsafe modification, in that the kitchen door seems to have been removed. I'd expect that to be a fire door.

        If this is on the 27th floor, I'd say you were definitely creating an unsafe inner room, as the escape root passes through two high risk ...
        18-03-2020, 10:13 AM
      • Reply to 1 bed to 2 bed conversion
        by slix_88
        Hello

        Sorry, thought I'd bump this! I'd be very keen to get any input on this.

        Thanks,
        Simon
        18-03-2020, 01:03 AM
      • RICs Valuations or Estate Agents Appraisal
        by MAPTON
        Not sure which section I should post this question!

        A house in a very good residential location - normal 3 bed semi's sell for £330k (recent sale a few doors away) - this would be a standard 2 double bed with a box room and a family bathroom. The adjacent semi, on a corner plot has...
        10-03-2020, 15:53 PM
      Working...
      X