Subsidence.. help!

[kary]

Wondering if any of you kind folks can help on this matter. We occupy the first floor of a 2 flat house with a share of freehold which states that our responsibility for the freehold would include all repairs that take place from our flat and upwards (roof, etc) with our neighbour on the ground floor responsible for any repairs from his flat downwards. He may have possible subsidence and is looking to get a survey which he thinks both flats are responsible for as he feels the subsidence will affect the entire house we both occupy.

My question is: Are we responsible for splitting the costs for this survey if he detects subsidence in his flat?

Many thanks for any help you can provide!

[Pickle]

I would imagine so, subsidence affects the structure of the whole house, not just one floor. It's usually an insurance issue though, my friends recently had underpinning work done as an insurance claim.

[Mazza6]

Check your building insurance policy as there should be subsidence cover. But bear in mind that any call to your insurer will result in a potential claim and will possibly affect your insurance cover. To establish whether it is subsidence first would be best. Have you seen the crack? It would have to be very large crack not a fine line crack.

If it is established it is subsidence then your insurer would appoint a loss adjuster, they will make there recommendations and monitoring any movement, cracking. Will look at the surrounding areas for trees etc. It can be a long process but should all be covered under your policy apart from the excess.

[cella]

Almost definitely yes. Although you are both joint freeholders, all issues connected with the building will be dictated by the lease. So best check the wording there. We have just been through a similar process.

[mancity68]

Certainly how it would work in my building (two flats). To be honest, I'd want to be in on the surveyor and cost so I had full access to the results and a say in who was used.

[simonethebeaver]

The terms of your lease seem very unfair. You are responsible alone for the roof yet you could equally claim that a leaking roof affects the entire building. I've always had shared responsibility for any major work. Worth investigating whether this could be changed.

[Jeremy]

Firstly - simonethebeaver is right, it's a very unusual lease, usually all major works such as roof or strucutral problems would be shared.

Secondly - you should probably go straight to your buildings insurance (i.e. the shared policy between you and the other flat). They will appoint someone to investigate the issue. I don't see the need for a third party survey.

[bonaome]

TBH: I'd ring your solicitor and ask them for proper legal advice, based on their seeing the actual lease etc.

[davidflana]

First you should find out what has caused this, since there can be human issues such as damaged drains or natural issues like the land it's built on (https://www.pinterest.com/pin/433471532862838082/)

If it is caused because something human (and by the lower flat) I'd say don't drop a dime at all, but if it is due to something natural like the land or trees I'd say you should help out.

[LondonMix]

Yes, you are. Subsidence impacts the structural integrity of the entire house. Untreated the entire building will collapse. Your building insurance should cover the costs of repair.

[intexasatthe moment]

That does sound an unusual lease - surely it's more likely that a property will need work to a roof as opposed to drains ?

Have you seen the lease ? Your solicitor or whoever dealt with your sale should have gone through it with you ,may have given you a copy or might have a copy on file if you ask .