Hey last year someone had a similar issue and you guys gave sane advice so here goes...any suggestions;
I own a ground floor flat in Edinburgh’s west end the block is 3 storeys. Turns out the roof is totally gubbed- lots of leaks over a long period.
However the only access is the top floor flat, he has not told anyone about the leaks despite knowing they were bad just left them to get worse and also has used the roof in the past for party’s etc (there is a flat section and dorma windows so people have been out sitting in the dormas etc)
The repair cost is going to be hefty and because it’s been leaking for years I expect there is now damage/rot on the timber roof structure.
My question- although the roof is a shared responsibility for all owners surely we have a case against the top floor for not alerting us to the issues and for potentially damaging slates etc by having people up on the roof?
Thanks
Tj is the Edinburgh roof Czar, but perhaps slightly different circumstances... if he spots this I'm sure he will be along...
I think that will be hard to pin on someone. We've a shared set of repair charges, and one of the owners is a nightmare for allowing access, not paying, her dog scratching new painted doors etc. I've taken legal advice, and even moving to a proper ground rent rather than informal sharing of bills is no guarantee of the issue being resolved - unless we go to small claims each time.
And from what I know of Edinburgh council, I wouldn't let them near my property ever to 'help'. TJ will tell all soon...
From my own experience, much the same as TJ's, I wouldn't let Edinburgh Council anywhere near that roof. It's tempting to let them "sort" it due to the pain of getting everyone in the stairwell to work together but trust me it will be nothing compared to the pain of dealing with Property Conservation. Nothing to offer other than that.
You have my sympathies. I moved from a Leith colonies / block of 4 - we got a blocked shared foul waste pipe in the garden and sewage coming straight into both my flat and the other downstairs flat. One upstairs neighbour was good the other took the approach "Well I can flush ma shite's so it's no ma ****ing problem". Very good pal, but your fetid shite is ending up on my floor!
Luckily I managed to get the jetting contractor to issue the bill in 1/4's - one to each house. This could be something worth exploring to see if you can get a roofing contractor to do the same....? I'd fully expect the sum of each "quarter" added up to more than the original quote but saves a lot of hassle.
Property conservation unit and Edinburgh council is no more. Now there is a shared repairs service run by the same incompetent and corrupt clowns that costs a lot more. do your best to keep it away from these people although I believe they now have a mediation service for owners having difficulty agreeing
I very much doubt you would have a claim against the top floor owner for any extra damage
Check your deeds carefully or get your lawyer to do so. some deeds lay out different % of costs for different flats and some even have the top floor responsible for the roof in its entirety ( while ground floor has the foundations!)
A very quick sum up of my situation to explain why you don't want the council anywhere near your building. I live in a listed building in a conservation area. It needed fairly extensive stonework repairs - value around £200 000. council took over the repairs, we agreed to get it done to historic scotland standards as thet meant a grant of 25%. Costed survey showed £380 000 of work. the job was supposed to take 18 weeks. The building was scaffolded for 5 years, the council spent 2 million ( my share £170 000!) After arguement reduced to £5500000 ( my share £60 000) Now in the 16th year of dispute with no solution in sight
Have you ever actually had to pay that money Jeremy, or are you just douring them out?
Have you ever actually had to pay that money Jeremy, or are you just douring them out?
He hasn't paid yet, he won't even talk to them, he is stonewalling them.
IGMC
(joking aside, I followed JT case both on here and in the media, a totally appalling situation and one for which he has my absolute sympathies)
Bloody hell, what a nightmare, years ago I got really strung on a stat notice for a roof repair it was clearly fiddled numbers so I’d be staying well clear of the council. I’m really worried our bill is going to end up rocketing if the roof structure is rotten.
*heart palpitations*
They are not going to settle my case until the very last as I will both set precedent and publicise it.
Current state of play is they took me to court for non payment 3 years ago ( a device so they can now say everything has to go thru lawyers so they don't have to talk with me) My lawyer got it put on hold pending negotiations, they refuse to give me or my lawyer documents that I need ( probably shredded) They do not want to face me in court so will eventually settle. I know more about what happened than any CEC employee or their lawyers. IE I have a mole from inside the dept that told me that the work was fully costed at £380 000 which includes around £125000 of work not eligible under stat notice. this is the document they refuse to give me or my lawyer) then I have !5000 of repair work to my flat to come off my share and around £50 000 of work that is communal to repair their bad work
I have offered to settle on that basis and am going to take a small claims out for some of the repairs to pour pressure on then to pay into court the amount I believe I owe which will be a few thousand. ~then challenge them to sue me. they will not as I can and will expose their lies in court.
I mean - don't they know who they are dealing with?
The other thing is once it’s fixed how to stop him and his mates tramping about on it and causing more issues.
Thanks for all your answers I’m away to have a look in more detail at the title, the joke of it is that a neighbour told me top floor actually works for some sort of builder (and was potentially involved in stat notice work) a few years ago before I got here he was suppose to have done some repairs but it looks like that was just a story.
TJ that’s outrageous- I don’t know how you’ve not lost the plot, I’ve just started looking at my issue and it’s already doing my head in.
I could tell you more that makes it even more outrageous! Like contractors being appointed without tendering, work done that was not on stat notice that they tried to charge me for etc etc
The worst aspect is that the tax payers of edinburgh have had to pay 1,75 million for work on my building that CEC cannot charge the owners for. Beautiful lead roof being one and insulation of the flat roof being another.
yesterday I found some new cracks appearing as well!
Property conservation unit in Edinburgh council is no more
To paraphrase Shakespeare, "That which we call a turd by any other word would smell as shitty"
Well what a coincidence. Just been in contact with my lawyer and it looks like a offer to settle is going to be made that is actually reasonable and fair! some of the owners have settled. I need to be careful what I say but its probably fair to say i will be much happier than CEC and will be paying a fair price for the work done!
Sounds like a result - hope it's not an inflation adjusted settlement valuation!
Good stuff. I'd expose the ****s anyway.
Well done tj - I'm pleased you got a result you're happy with 🙂 Be interesting how much of a 'weight' you feel has been lifted if it does all get resolved.
All that time honing your 'bloody minded resistance at all costs' attitude on here has paid off in real life!
I mean – don’t they know who they are dealing with?
A taxi driver?
🙂
Thanks chaps - Oh don't worry I will expose them and the costs to Edinburgh taxpayers! I am a bit disappointed not to get my day in court tho. That would have been fun watching CEC officials admit they had lied to me.
Sorry for the thread hijack OP I do know a reputable roofing company if you want one.
Are they likely to try and stick a non disclosure agreement in as part of the settlement ?
Back to the OP for a minute.
Have you spoken to your house insurers? Whilst they will not cover the leak itself if it is due to a maintenance issue they may well cover your share of the consequential damage should the roof structure be knackered.
Also if any of the damage is malicious/accidental due to the parties on the roof you may have a claim depending on your insurances terms.
Either way if you can get a Loss Adjuster involved it'll save you the headache.
TJ that’s great it’s he getting sorted...drinks are on you? But please not on my roof 😜
I will consult my insurer but from reading the general terms anything to do with rot/damp is excluded from the policy so they may potentially cover something but nothing related to resulting water damage by the look of it.
Revs - told them I will not accept one 🙂
eddie - dunno if you missed it but I know a trustworthy roofing company in Edinburgh