I own a leasehold flat and the roof leaked this weekend - whose responsibility is it? Mine or the freeholders?

Question

The roof leaked and damaged the inside of my flat. Should I pursue the freeholder? He owns the building so surely it is his responsibility...or?

Answer 1

No it is your responsibility just as if you had a freehold property - you can let it get into any state you want, you have to live there. Your insurance should deal with any damage.

If you were renting off a landlord then it would be his responsibility.

Answer 2

Freeholders Responsibilities

Answer 3

Yours - I hope you had the sense to take out buildings insurance to cover the cost. The freeholder owns the land you own the flat - if you are upstirs then the roof is usually your responsibility although you should read the paperwork you had when you bought the flat as the people under neath you might also be liable for some of the cost.

Answer 4

i also own a leasehold flat and needed to replace the whole roof as it was snowing inside my bedroom! we checked our lease and it said that it was the property owners responsibility the freeholder is the owner of the land the property is built on (as far as i know anyway) my flat is upstairs and there is one flat below me in the same building which is a converted house. we had to fight but in the end the owner of the downstairs flat had to pay half towards the cost of a new roof and we paid the other half the freeholder had nothing to do with it except we wrote to him to tell him to tell the downstairs flat owner he had to cough up which he did. If your property is a new build block it may be slightly different but you should have got copies of the lease when you bought it so you can check good luck!

Answer 5

Leases and other rental documents can vary greatly. Each usually has certian terms and responsibilities specified. Sounds like you may have an expensive problem. I would read the lease very carefully. If you are still not sure then maybe there is a chance it is not your bill - if the potential cost to you is going to be high, get a lawyer experienced in this field to read your lease agreement.

Answer 6

the owner of the flat above you, no longer the tenant or the letting corporation ought to be paying the surplus you have had to pay out. If mandatory the owner of this assets ought to be suing the plumber for defective and careless workmanship and take him to the small claims court. complicated project - discovered myself in a similar project with a floor floor flat I owned and a leak on the 1st floor flat above mine. Ended up falling out with the owner over it, yet I have been given my money. no longer elementary once you're so completely harmless.

Answer 7

I'm a tenant of a flat and if your the tenant the person who owns the flat is responsible for any repairs don't let him tell you other wise if not getting any joy go to citizens advice Boru the c a b
they will let you know where you stand for sure or see a solicitor

Answer 8

Assuming you did not cause the damage intentionally, then check your lease! That is the only legal source for your answer. Al so check whose reponsibilty it is to insure the 'freeholders' interest in the property.

Answer 9

Having Just Been through a Similar situation I would advise you to read your Lease -- it should be clear that the Landlord is responsible for all "Structural" Repairs -- after all he owns the building --- But be very care full that you don,t find a Lawyer who will make a Meal of it and take you for a very expensive "Ride" -- avoid "Arbitration" or Mediation as you won,t get satisfaction -- Arbitration or Mediation means what it says - "Arguable" -- you won,t get satisfaction --- Good Luck ,, but Please be very very care full who you trust to look after your case .....

Answer 10

yes its his problem