Payment For Joint Repairs

[jw47]

My daughter lives in an upstairs maisonette. She is having somework done on the guttering and new fascia boards. My question is, is her downstairs neighbour responsible for any of the cost. They are both owners of their property and if I remember correctly they are both responsible for the repair of shared parts of the building ie roof. Any information would be gratefully received.

[Peter Pedant]

It will be in her lease
I cant recollect what the default position is

[jw47]

Sorry meant to say its freehold property

[Atheist]

I'm not sure that freehold can apply to flats one above the other. Are you sure they are not leasehold? If they are, then there should be a freeholder above them who should be responsible for some of the communal parts of the building. Difficult situation, and I think they need to examine their paperwork closely.

[jw47]

She has a mortgage with Halifax which ends in about 2years time. The lady downstairs has only been there since 2018 and we presume she either has a mortgage or bought outright. Will get daughter to try and dig out the paperwork, I don't think my daughter is going to ask anything towards payment .just wondered if her neighbour should pay a bit towards the cost of repair
H

[bednobs]

even if the neighbour is partly responsible, she can't unilaterally get it done then charge them - they would have to have a chance to reject the quote. if she owns the lease as you suggest, she is responsile

[bednobs]

ignore the 2nd part of my answer

[davebro]

There should be a lease stating who is responsible. There may be an absentee freeholder, or one of the flats is the freeholder or they jointly own the freehold. If one of the tenants initiates repairs without consulting the freeholder and without the consent of the other tenant I don't think they could expect part payment except as an act of goodwill.