roofing works / Share of Freehold / Contract

Joined
14 Dec 2013
Messages
100
Reaction score
3
Location
London
Country
United Kingdom
We are about to initiate building works - replacing the roof of an old house (built 1901) split into two flats (upstairs & downstairs)

We own a 50/50% split share of freehold with the neighbours downstairs.

Our neighbours have agreed to share payment of the costs of the work and we have agreed on a roofing company to carry out the works.

However, our neighbours have just informed us this week that they will be leaving the UK this week for two years to work.
They have assured us that they still want the roof work completed and are happy to pay deposit etc.

The work has been pencilled in to begin in approximately 2 weeks but we have not signed a contract or paid any money to the roofing company.
We have the following concerns and questions:

1. Before going ahead with these building works should we have a contract drawn up between us and our neighbours/ the other 50% freeholders?

I feel that we should draw up a contract which clarifies

a) The payment process and responsibilities of all parties

b) Should any additional work be needed that only comes to light once the works commence, then I feel we should be able to make a decision without later consequence.

This would cover us should we need to make a decision in the absence of the other freeholders within reason of course.
Otherwise, what’s to stop them questioning and potentially challenging any additional costs that occur once the work begins and refusing to pay their share?

I would like to hear from anyone who has any other thoughts on what we should include in such a contract.
Also if anyone has experienced problems with other freeholders i a similar situation.

We obviously don’t want to jeopardise our relations with our neighbours but we feel it necessary to ensure that we’re not left in an uncertain position with regards to the work and the payment of the roof works. Especially as they will be so far away for the foreseeable future.

We’ll be living at the property and we’ll be overseeing the roofing work, so the responsibility lies with us to ensure that the work is done to a sufficient standard.

We will of course do our best to make sure that everything is done well but we are concerned that as our neighbours will be absent throughout the process that we may be taking on a role that might leave us vulnerable, should they return and decide that the work for whatever reason is not as they would wish.


thank you..
 
Sponsored Links
I'm surprised nothing is in writing anyway.

What worries me more is the contractors position in all of this. Does he know all about the situation?

He should be informed, he may wish to draw up his own contract to cover himself.
 
Ring the leasehold advisory service. It is a free goverment advice line for leaseholders/freeholders, so you may come under their remit.

http://www.lease-advice.org/

They may be able to help advise on the best course of action.

At the very least they may be able to point you in the right direction.

I agree that in these situations, some form of formal agreement would be best to avoid any potential problems.
 
The previous leasehold / share of freehold places I have lived where major repairs were needed the money would be in position first (including a refundable contingency) before instructing the contractors to go ahead .

The above has worked very well.

Please do not supervise any contractors yourself unless you are qualified to do so and have it agreed in writing.

Best to advise the roofing company now (unless its emergency repairs) and take professional advice if the roofing company or any of their agents wants paying.

James.
 
Sponsored Links

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Back
Top