Freeholder refusing responsibility for roof repairs?

Hi Bill,

Please check out the Leasehold Advisory Service section on chasing for repairs >> https://www.lease-advice.org/faq/who-is-responsible-for-repairing-and-maintaining-the-property/

"Who is responsible for repairing and maintaining the property?

This will depend on the terms of your lease. Under most leases of flats the leaseholder is responsible for the internal parts of their property unless they are structural. The freeholder is generally responsible for the exterior, structure and any common parts.
Download a template for a chasing letter to repair – action required by landlord"

I am fairly sure your freeholder is wrong. It may be the person who responded was inexperienced, get on the phone to a manager or customer service operative (complaints). Why does a large national company own the freehold of a two-flat block? What is the ground rent? Or do you mean the managing agent and it is a shared freehold?

Ask them to scan and email you the claim forms, this is the 21st century.

i assume the freeholder manages the property or, at least, has a managing agent?

Reply to the comment left by Neil Patterson at 28/02/2020 - 08:36
The freeholder is responsible for external repair my quote from the lease appears to make this quite clear.

Reply to the comment left by Puzzler at 28/02/2020 - 08:39
Puzzler, they seem to be dinosaurs. They will not e mail They own the freehold of several 2 flat blocks on the estate. I am a leaseholder and am only responsible for internals in my own apartment. They are only interested in collecting the ground rent and not in providing any services. I have been trying to find out which redress scheme they belong to as this is not shown on any of their documents, No response so far.

Your freeholder sounds pretty clueless. You're right, it IS their responsibility, but they only pass the costs onto you anyway. I'd love for my freeloader / manageless agent to send me the full insurance details, so I can get straight onto some comparison quotes, check what the MA is getting as a commission / kickback / overcharge. If you're not paying a managing fee, then no wonder they don't want to do the work, and I'd be quite happy to do it myself. I get your're abroad but can't you do it all by email? What worries me more is that they only asked for payment after the problem - were you covered at the time of the damage? If so and they're just that bad that they didn't charge you for it at the time of taking out the insurance, then they're pretty disorganised and all the more reason to take on the duties yourself - it's safer if you know you'll do them properly.

I assume you have a copy of your lease to hand. You should write, not telephone, the freeholder. Draw attention to the obligations in the lease on the freeholder to (a) insure the building and (b) to claim on the insurance and to carry out repairs.
Assuming there are such obligations in the lease, tell the freeholder that you require him to deal with the insurance claim, that you are not named as insured in the policy and that he is. Advise him that if he does not comply with his obligations and you suffer loss that you will hold him responsible.

In the meantime, when you get insurers details, telephone them to see if they will deal with you. If they will, the line of least resistance may be to manage the claim yourself but without prejudice to your claim that the landlord should be doing so.

You really need a UK agent to act for you.

Reply to the comment left by Ian Narbeth at 28/02/2020 - 16:57
Thanks Ian
Yes I have a copy of the lease and quoted the relevant clause in my 1st comment.
The Management Co are still holding firm and not accepting responsibility. Their latest reply under., total BS as far as I am concerned.
I am awaiting an opinion from lease org before I bother arguing with them again. Totally pointless arguing with them.
I have no contact details for the other leaseholder affected who does not seem to be conversant with her lease anyway. So on my own with this one.
On the bright side I have got a claim form from their insurer, all I have to do now is get 2 repair quotes and photographs for the property while here in Cyprus and complete the form.

Management Co reply
"Dear Mr Williams
We manage 15,597 properties and are well versed in our responsibilities.
With specific reference to your property the lease does not specific a standard schedule of works with service charge headings that would require the involvement of a property manager on a regular basis. If it did we would appoint a sub-contract manager who would be registered with a redress scheme as they would hold leaseholders funds.
The requirement to be registered with a redress scheme only exists if you hold leaseholders money on account in order to meet the service charge requirements. Insurance and Ground Rent are not leaseholders funds but instead they are defined obligations that you must meet.
In this instant there is a dispute between you and another leaseholder as to who is responsible and as such the matter is not that simple as the liability is not clearly identifiable and we’d need to be in funds from both parties for the full estimate before we will commence any management.
For that reason we believe it is in your interest and economic benefit to arrange the matter between yourselves. If the leaseholders come to the agreement that you’d like us to oversee the matter we will of course do so, subject to being placed in funds with our estimates.
Kind Regards"

Bill.

Bill
Is your end of terrace a house that has been converted into two flats or is it part of a larger block?

Reply to the comment left by Ian Narbeth at 28/02/2020 - 17:41
No it is purpose built on a newish estate, purchased new. A common layout, row of terrace houses with 2 flats at each end. Usual story. Developer sold on the freehold. There are several of these flats on the estate, not sure if the houses are freehold or leasehold. The estate grounds and roads come under the separate responsibility of a management company owned by the residents and nothing to do with the freehold owner of the flats.