The Question
I’ve just purchased my very first property. It’s an upper floor flat and there’s another flat below it.
Who is responsible for the roof and maintenance? Is there anything else I should consider?
Jackie’s Answer
This will be entirely dependent upon the provisions in your Lease (and any subsequent Deeds of Variation), which will set out your maintenance obligations and the proportion of the costs that you will be responsible for.
There cannot be any assumptions made as to the maintenance obligations as it could be either shared or could even potentially be entirely your responsibility.
It is definitely also worth obtaining a copy of the Lease (and again any subsequent Deeds of Variation) for the lower flat to check the provisions in their Lease are reciprocal. The Lease can typically obtained direct from HM Land Registry at a cost of £3 per document.
Whilst it is in all of the lessees’ interests to jointly maintain the building as a whole, this is not necessarily the arrangement that has been set out in the Leases for the building.
We would always recommend seeking professional legal advice.
Jackie Turkel is a senior residential conveyancer at Parfitt Cresswell
