New Roof- Leasehold flat--Who pays ??

[Dinger2]

Grateful for advice,Bought flat under right to buy from housing assoc;its known as a 'top cottage flat'(maisonette) top and bottom flats share same roof,bottom flat are tennants,building is 61 yrs old. The housing assoc has started a massive re-roofing project. In the 'Leaseholders Agreement' it clearly states 'you may own the inside of the flat but you DO NOT own the outside of the flat,the housing assoc retains ownership of the outside of the flat and has responsibility for any maintainance/repairs/upkeep required' also it says the Leasee does not own the garden but is responsible for its upkeep (thats o.k proud of a smart garden). They have sent a quote of approx £8000 for cost of re-roof (half to be paid by tennants below in rent increases spread over many years) I pay a quarterly service charge of £240 per year, from this April to rocket to£600+ (to pay for new roof) My Question is this: As they proudly state several times in the Leaseholders agreement that they own the OUTSIDE of the flat (what better prime example of 'outside' is the roof?) Iam thinking of telling them (when the roof is complete..@3-4months time) " as YOU own the roof and state you are 'responsible' for it, well then the onus to pay for it is upon you and I (according to the LEGAL wording of the agreement) pay nothing!(except the increased quarterly service-charge) Advice please. Is it worth going to court over? what are my chances?

[boxtops]

I think you're on a loser. I owned a leasehold building at one time, two flats, I lived in the top one. The outside of the building was indeed my responsibility but the terms of the lease stated very clearly that the cost of repairs to roof, drains, downpipes etc was to be agreed and shared between us.

For a piece of work of this size, I would have expected your landlords to have obtained 3 quotes - you could ask to see the others to be sure that you are not being fleeced with an expensive piece of work, but this should happen before the work starts, not once it's got going. IMO.

[buildersmate]

I think Boxtops is likely to be correct. You need to look further through all the terms of your lease - it would be most unusual that this had been left out through an oversight by the HA. It will be in the T&Cs if it is any where - you have found the terms related to maintenance charges, not the capital replacement of the building fabric.

[lcg]

does the roof actually need replacing? do get the quotes via the h.a. as suggested, but also just ask if it actually does need upkeep in the form of a brand new roof. good luck x