Legal queston.

[smashngrab]

I rent out a garden flat and somebody else rents out the top flat. I've been told the chimney breast has damp on it ( this is ok as i have known it would need doing eventually) We will pay half each towards the cost of the work.

The owner of the top flat is getting someone in that they trust, its the rear chimney stack. The tradesman has said he will put a tower up the front, i assume he's going to use a roof ladder to get to the rear stack. Its a bit of a pain using the rear lane brambles etc. ( Its an up an over roof )

Do we need to get the tradesman to sign some kind of disclaimer in case he has a fall.

 

[conny]

They should have their own public liability insurance and also some form of employer/employee insurance but it would be as well to check with your own insurance if they would be covered against suing you if they have an accident.

You could of course ask them to sign a disclaimer that you would want witnessed by an independent person and then send a copy to your insurance company if they do sign one.

 

[joe-90]

The damp has nothing to do with the chimney stack.

 

[ree]

Wasn't this covered, to some degree at least, in the paperwork when you bought the flat?
Hasn't your insurer already spelt out conditions for such an eventuality knowing that the structure is "shared"?

All this seems a bit late in the day, perhaps you require a heads up with a solicitor before agreeing to anything with your neighbour?

As regards the damp c/breast - are you sure that there's no confusion between the communal c/stack and your c/breast? Maybe some pics and more info on here ref the issue?

 

[Johnmelad]

Legal question - ask a solicitor.

 

[dishman]

Obvious question...but always woth checking as it is a flat.......is it freehold or leasehold?

Always good to be sure as many people forget that just because they own a flat as a leasehold does not mean they can make repairs etc. without consulting the freeholder.

Also, how do you know the chimney stack is the cause of the damp?

 

[smashngrab]

Obvious question...but always woth checking as it is a flat.......is it freehold or leasehold?

Always good to be sure as many people forget that just because they own a flat as a leasehold does not mean they can make repairs etc. without consulting the freeholder.

Also, how do you know the chimney stack is the cause of the damp?

Joe-90 told me, can't recall seeing him up there !

 

[smashngrab]

Its a lease and i have to go half's, just had a read, as for the other stuff i will have a chat with the other tenant first. thanks.

 

[joe-90]

I've been working on properties for years - you go ahead. It's not the the cause but I'm not telling you now what is. Hard lesson coming your way.

 

[jeds]

No, you don't. But do ask for a copy of his public liability insurance before you appoint.

 

[smashngrab]

Parts of the property for which the Tenant is responsible subject to contribution by the Landlord.

(2) The roof (including the joists above the upper storey of the property)
and the chimney stacks gutters and rainwater goods.

Thats word for word.

 

[dishman]

Ok, glad you checked that. So just to clarify, you own the flat as a leasholder and you currently let (technically sub-let) the flat out to a tenant.

I would still do any repairs by the book. By this I mean that you should fully comply with whatever terms are in your lease (to cover yourself). If things go wrong and you have not complied with your lease, then you could open a can of worms. It may be very simple, but it is always worth doing things by the book.

Quite often if there are repairs needed to the exterior structure of a property, the cost of repairs is divided by the number of leasehold tenants. As it is freeholder who owns the whole building it is usually they who assess what work needs to be done (especially when it relates to the exterior of the property and common areas) and then put out to tender for repair and then pass onto you your portion of the cost. However this all depends on the wording of your lease and may be different.

I very much recommend ringing the leasehold advisory service. It is is a free independent advice service. They will be able to advise you of the best course of action based on your lease if your really think there are repairs that are required.