Can I force fellow freeholders to pay for roof repairs?
Q. I recently bought a flat in a listed building where residents have a share of the freehold. Each apartment owner pays a tiny monthly maintenance fee, which only covers insurance and basic services. But the freeholders won't fund urgent roof repairs. What recourse do I have?
A. The law does not generally distinguish between resident-owned landlords and management companies and those owned by commercial operators. The fact that leaseholders happen to own the freehold usually makes no difference.
• Read more expert advice on property, interiors and home improvement
Landlords are generally given a discretion about how they want to manage their properties, even though the bills may eventually be paid by leaseholders through their service charges. For example, in the leading service charge case of Waaler v Hounslow (2017), the Court of Appeal confirmed leaseholders are not 'entitled to insist upon the cheapest possible means of fulfilling the landlord's objective'.
It also works the other way around. Leaseholders cannot require landlords to add additional premium services, such as resident caretakers, if these are not specifically required by the terms of the flat leases.
• Can I force my neighbours to remove a redundant satellite dish?
But the landlord's discretion has important limits. One of these is the basic protection for leaseholders provided by their flat leases. Again, it does not matter who happens to own or manage the block. If a resident-owned company does not meet its repairing or other obligations under its leases, the company is still in breach of covenant. It is no excuse that it does not have the money, or that a majority of members have decided they don't need to pay.
You should therefore carefully check your flat lease to confirm whether the freehold company is responsible for mending the roof. If it has broken any of its repairing covenants, it does not matter who owns the building. You may still apply to the county court for an order for specific performance of the repairing obligations, requiring the resident-owned landlord to do the work on the roof.
Mark Loveday is a barrister with Tanfield Chambers. Email your questions to brief.encounter@thetimes.co.uk
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