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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32824
Experience:  award winning lawyer with over 15 years experience
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My builder made emergency repairs to undemised roof - I am

Customer Question

My builder made emergency repairs to undemised roof - I am top floor flat - they entered the roof when I was not present during heavy rain as it was causing internal damage to fresh paintwork clearly visible. They applied a temporary sealant. I have now informed the freeholder who has asked to inspect the roof without knowing this happened. Where do I stand if freeholder claims breach?
Submitted: 5 months ago.
Category: UK Property Law
Expert:  Thomas Judge replied 5 months ago.
Can you explain a little more about the detail of what happened
Customer: replied 5 months ago.
My flat is top floor but the flat roof above is not demised to me.
During redecoration the builders noticed water damage appearing during bad weather.
The builders took the initiative and went onto the roof to make emergency repairs when I was not present and without knowing that access to the roof is restricted by the lease and the freeholder should have been informed.
The freeholder now wants to inspect the roof, and I will have to inform them of the breach.
The freeholder can probably claim that I have breached terms of lease by allowing builders to enter the roof.
Expert:  Thomas Judge replied 5 months ago.
Let me see if I can help and please rate positive.Under the circumstances as explained by you I do not see this as a serious breach. The fact is that it is your position that (1) it was an emergency situation; (2) you were protecting the property and (3) the builder acted outside of his remit. These are all reasonable explanations for the breach and as such I would not worry too much. Happy to discuss but please rate positive.
Expert:  Thomas Judge replied 5 months ago.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Thomas Judge replied 5 months ago.
do you have any further questions

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