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If you’re living in a leasehold property and the roof gets damaged, you may ask yourself who should pay for its repair and replacement. Do you? Well, many other leasehold flat residents ask the same question. If you don’t have any idea, here we’ll discover the technicalities associated with it and how you can save your hard-earned money on unplanned spending.
Before we proceed, let’s study the leasehold agreement and its functions to better understand it.
What is a Leasehold Contract?
In simple terms, a leasehold agreement is a legal contract between two parties that grants the right to occupy a space for a specified duration. The duration varies based on mutual understanding and can range from years to even decades. However, both parties are obliged to adhere to whatever they have signed.
Legal Rights & Duties of Leaseholders
Just like landowners or landlords’ leaseholders have rights when they get a space for their use, these rights explain how they can use that area and what their limitations are. Below are some of these privileges that allow them to legally gain perks from it.
- Right of Occupancy: As the name suggests, the leaseholder has the right to occupy the space and use it for living purposes, just like they do in any home.
- Compliance with Terms: All leaseholders must comply with the rules they signed, which also cover a range of charges such as basic rent and additional daily life services.
- Rights of Taking Care: The leaseholder has to keep the property in tip-top condition and fix the damages whenever they occur within their territory. While for the freeholders, they are obliged to maintain the common areas such as roofs, hallways or stairs. Their expense can sometimes be transferred to the leaseholder, which they are required to pay through service charges (an indirect way to charge for the damage).
- Right of Extension: If the leaseholder wants to extend their occupancy duration, they have the right to do so through a legal procedure. However, this can be lengthy and complex, and it demands the presence of all parties, including the freeholder, so they can allow the agreement to proceed further.
Note: The leaseholder is required to pay a premium, as the other party now has more options: either to accept the request or to charge a high price to meet the issue of an extension.
Responsibility of the Roofs for Leasehold Flat
Now, returning to our main point: who is responsible for paying for the roof renovations? According to the initial agreement, the lessor transfers the rights to maintain and repair the property to the leaseholders, who transfer it to the freeholder. So, freeholders are responsible for paying off the incurred expenses while they also require the leaseholders to pay for the roof repairs.
Internal Repairs
The leaseholder must perform any internal repairs to the leasehold flat, which include a long list of tasks such as painting walls, ceilings, structural integrity, flooring, and even the décor of the space. They have to upkeep the property as it partially belongs to them for a specific duration.
Roof Repairs
The roof maintenance is liable to the leaseholder who pays for any damage that occurs during their contractual term. Along with the repair of roofs, shingles, and other materials also fall into their obligation basket.
Disagreements about Roof Repairs
Disputes are common in contractual agreements, and when they arise, both parties have to come to a mutual understanding. Most of these issues are related to who pays for the expense, as one party tosses it to the other, and no one takes ownership. Eventually, the minor issue can lead to legal proceedings and hefty penalties.
Thus, it’s always advised to comply with the actual terms and not delay whenever any problem arises.
Further, in some situations, when the value of repair exceeds and the leaseholder can’t bear it, they can engage the property management company to show the accounts. While this process starts, the leaseholder can present their financial concerns to the company and may even get some relaxation over the costs, which are covered from the reserve funds.
Hiring a Certified Roofer for Leasehold Roofs
When you’re living in a home, many challenges come your way. Roof damage is one of them, which demands early address. But when it occurs, you have a minimum time to restore it, as delaying the process leads to unbearable consequences and adds more troubles for you.
At Positive Roofing, we understand these concerns for communities and people living in flats. That’s why our company offers highly competitive costs for all kinds of roof repair, replacement, and installation services. Our aim is to reduce your expenses and provide you with a dependable service that complies with all legal aspects of UK regulations.
So, if you’re going through a difficult time, don’t worry—we’re here for you. Feel free to contact our experts at 07305680701 or write to positiveroofing@hotmail.com to get an instant quote.