Lease responsibilities shared garage roof

[liner33]

We have a flat which has a garage allocated in a block of about 10 , not all of the flats have a garage.

The roof is in poor condition and ours leaks , it's not really a problem for us but it's clear the roof will need replacing , the lessor has written to me and stated this is our responsibility.

I am sure I will end up paying for the work so I'm not trying to avoid that but I can't repair just our garage roof in isolation due to the construction, it has over lapping corrugated iron sheets

So since I can't repair our roof in isolation is it my responsibility to organise this with the other garage owners or should the lessor organise this ? Our lease is not that clear on the subject and I appreciate there may not be any hard or fast rule but rather what is "usual" in these cases

Things are further complicated by the fact there is a tenant in the flat and its 50 miles away from where I live so not easy to project manage

[Hol]

Do you think they want a tidy repair - or just a repair:

Can you not just cut out the damaged section with a grinder and bond/seal an entire new section on top?


The problem you will most likely have is that some of the 10x garage owners will resent paying any money, if their own garage has no leakage problems. No matter whom asks them.


http://homeguides.sfgate.com/fix-leaks-corrugated-...

[liner33]

I could probably bodge something up inside our garage but the roof over other garages is far worse

The whole roof is covered by a thick layer of moss and other detritus so looks arent important

[Mandat]

It is usual for hte Freehold owner to organise such reparis and renewals where the works involve common parts or shared areas. The costs are then recovered from the various Leaseholders via the service charge.

Also, check what your Lease says on this matter as that should be the over riding authority in this situation.

[Billsnemesis]

Even if the landlord says it is your responsibility it is worth checking the lease. If the roof of the garages is part of the main structure then it should be done as service charge and that would allow all of the roofs to be done at the same time.

[Red Devil]

liner33 said:

The roof is in poor condition and ours leaks , it's not really a problem for us but it's clear the roof will need replacing , the lessor has written to me and stated this is our responsibility.

Just because the lessor says so doesn't make it true. What matters is the terms of the lease (see below) which need careful scrutiny.

liner33 said:

I am sure I will end up paying for the work so I'm not trying to avoid that but I can't repair just our garage roof in isolation due to the construction, it has over lapping corrugated iron sheets

Maybe you will, but never assume anything with regard to property matters.

liner33 said:

So since I can't repair our roof in isolation is it my responsibility to organise this with the other garage owners or should the lessor organise this ? Our lease is not that clear on the subject and I appreciate there may not be any hard or fast rule but rather what is "usual" in these cases

You say that the lease is not clear on the subject. That may be the case or is it possible you are having difficulty in interpreting it? That would not be surprising as the legalese in such documents is often confusing to us ordinary mortals.

In this case (which was brought for a different reason) the question you are asking was fundamental to the ensuing decision and it had to be decided first. See paragraphs 7 and 12 to 39. Which brings us squarely back to the specific wording in your lease and what the repairing covenants say. It may be quite different from that in the linked case. If you are not sure seek professional advice. It might save you some grief further down the line.

[anonymous-user]

Shouldn't be too difficult to just replace corrugated panel over your garage fitting them under/over adjacent ones.

[Red Devil]

Quite but we don't know for certain yet that he is responsible for said repairs.
A corrugated iron roof smacks of the block being constructed as cheaply as possible.

So the adjacent panels on both sides may well need replacing as well to maintain a proper seal.
If so, that will mean him having to involve the relevant lessees. He can't just go ahead regardless.
He would also need to be careful not to cause a leak in either or both adjacent garages due to his work.

[roofer]

I suspect the leak is caused by the moss build up, sweep them off. If the sheets have rotted, it's a fairly simple process to fix yours in isolation.

You can encroach either side without issue by 300mm if needed.

[surveyor]

Lease. Read it. This will answer what no-one else can.

[liner33]

The lease doesn't specify that we are responsible for the replacement of the roof just to keep the garage (including roof and foundations) maintained and doesn't differentiate between the inside of the roof ie joists and outside. There is reference to the party walls but this is a party roof

I am not convinced that the roof could be replaced in isolation and whatever we did would impact other garages and I have no right of access or repair for their roofs.

As can be seen from the pics the general state of the garages is poor

[Red Devil]

liner33 said:

The lease doesn't specify that we are responsible for the replacement of the roof just to keep the garage (including roof and foundations) maintained and doesn't differentiate between the inside of the roof ie joists and outside. There is reference to the party walls but this is a party roof

The crucial question that you need to answer is what wording has been used in the lease to demise the flat and the garage to the lessee (see the case I linked to above). If, as in that case, it is non-specific in respect of the garage then you're stuck with responsibility to deal with repairs and maintenance of the whole of your garage not just the roof.

liner33 said:

I am not convinced that the roof could be replaced in isolation and whatever we did would impact other garages and I have no right of access or repair for their roofs.

Again, check your lease. There may well be a clause allowing you just that right (see the linked case). It would be unusual if there wasn't because any lessee could be in a position to block any other from carrying out their obligations where the roof is constructed so as to cover the whole block rather than each garage in isolation.

liner33 said:

As can be seen from the pics the general state of the garages is poor

As I suspected, built on the cheap and now distinctly dilapidated.