Shared chimney repairs

[Dan Roberts]

Hey,

l’ve been reading previous posts about shared responsibility for chimney stacks on terrace properties but they don’t seem to apply in my situation...

I’m getting the front of the property repointed and also want to get the chimneys done. I share the freehold of the terrace house with my neighbour below.
So whilst we have neighbours either side, we both live in what is one terrace house. A maisonette I guess...

I’ve checked my lease and it doesn’t mention anything about responsibility for upkeep landing on either owner.

Would it be safe to assume that the upkeep and maintenance of the chimneys would be shared between us? I’m just referring to the brickwork on our side of the party wall, so not looking to share costs with neighbours on either side, but between us for our sections.

I guess they are, but I’m also predicting the downstairs owner to push back on those costs as she owns the downstairs part, and I’m on the first floor and loft. She will assume that’s part of the loft / roof and therefore my issue.

Any thoughts greatly welcome!

thanks

Dan

 

[conny]

As her chimney flue is totally separate from yours, the fact that hers still goes up to the roof does not absolve her from helping to pay for the cost of repairs.

Can you imagine you paying half the cost to get half the work done and then the other half collapses. You then discover the repaired section was actually the part that your neighbours flue terminated at.
Just be reasonable with her and explain that as her chimney also terminates at the stack then it is fair to ask that she pays towards the costs of repair. If she is a reasonable person she should see your point.
Unfortunately, if she doesn't agree, I do't know where you stand legally.

 

[gasbanni]

Are you certain that there's nothing in the deeds ....Yours or hers ?

The roof is also indirectly shielding her property from the weather so common sense would dictate it's shared costs, unfortunately the law doesn't always use common sense. If you left the roof and it leaked bafly it would also leak in to her property would it not if you didn't put buckets there ?

I'd request a copy of the deeds in the first instance see if you can get the info you need. Then take it from there also may be worth checking with the solicitors when you bought your home.

 

[^woody^]

A chimney stack is part of the "structure and exterior " and would typically be the responsibility of the landlord/freeholder, barring anything specific in the demise.

 

[motorbiking]

Any share of the freehold (1) does not negate obligations under a lease hold (2). I suspect there is an obligation under (1) to do the work and to pay for it under (2).

There are rules to follow. Its likely sec 20 of the landlord and tenant act will apply.
https://www.legislation.gov.uk/ukpga/1985/70/section/20

 

[Dan Roberts]

Thanks very much for all the help. Appreciated.