responsibility for joists in apartment building

responsibility for joists in apartment building

Author
Discussion

Portia5

Original Poster:

584 posts

24 months

Saturday 11th May
quotequote all
Mr Pointy said:
.. it might be the two flats are jointly responsible for half the joist each.
That's my understanding.

JerseyRoyal

117 posts

1 month

Saturday 11th May
quotequote all
markiii said:
JerseyRoyal said:
Not if the rot was caused by a leak in your bathroom.
If its Dry rot then surely no water involved?
Misleadingly, dry rot needs damp wood to propagate laugh

AdamV12V

5,092 posts

178 months

Saturday 11th May
quotequote all
TownIdiot said:
Mr Pointy said:
Not necessarily - if the bath had overflowed & damaged the flat beneath then it's up to the owners of the flat beneath to claim on their insurance, not the owners of the bath. If the freeholder/management company isn't going to take on the responsibilty then it might be the two flats are jointly responsible for half the joist each.
Not sure that's the case.

An overflowing bath is clearly negligent and the responsibility of the bath owner

A leak in the bath or pipes may not involve negligence or a specific event so may be down the flat below.
This ^^^^

FWIW, I was the chairman of the board of a mgmt company (apointed through owning the penthouse there) for nearly 20years, not to mention working for 30+ yrs in a residential property lawfirm. So my comments on the leases etc... come with a degree of experience wink

Portia5

Original Poster:

584 posts

24 months

Saturday 11th May
quotequote all
AdamV12V said:
FWIW, I was the chairman of the board of a mgmt company (apointed through owning the penthouse there) for nearly 20years, not to mention working for 30+ yrs in a residential property lawfirm. So my comments on the leases etc... come with a degree of experience wink
How much experience do you have of Scots Law, property, or property management?

nikaiyo2

4,779 posts

196 months

Saturday 11th May
quotequote all
TownIdiot said:
Surely that is only the case if the lease makes them responsible for the cost?
It almost certainly will.

Why would anyone demise leases in a property and not apportion costs to the leaseholders?

I believe this is one of the big issues in Scotland right now, the common hold model is right old mess with no responsibility for repairs, so repairs don’t get done.

AdamV12V

5,092 posts

178 months

Saturday 11th May
quotequote all
Portia5 said:
AdamV12V said:
FWIW, I was the chairman of the board of a mgmt company (apointed through owning the penthouse there) for nearly 20years, not to mention working for 30+ yrs in a residential property lawfirm. So my comments on the leases etc... come with a degree of experience wink
How much experience do you have of Scots Law, property, or property management?
Ahh - not much. The Scots are a law unto themselves! lol Fair play, if its scottish, then you can likely ignore everything posted so far biggrin

TownIdiot

221 posts

Saturday 11th May
quotequote all
nikaiyo2 said:
It almost certainly will.

Why would anyone demise leases in a property and not apportion costs to the leaseholders?
To answer this question

Because they didn't think through the consequences.

And anywya it's Scotland - they do things differently there.