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Hope you can assist. I'm one of three owners in a share of freehold property in London and I own the middle floor flat B of the 3 levels. Ground floor is A, Middle is B and top floor is C.

My flat Flat B has a 1st floor terrace / patio which protrudes out from the building over a ground floor bedroom in Flat A.

There's been water ingress in the bedroom below over a period of months and its become worse in the inclement weather. Flat A are also looking to sell soon and want now to get this fixed. There is some standing water on the Patio / Terrace which could be one of a few causes - perhaps the most likely!

Insurance basically is covered for 'freak weather conditions' but not the maintenance / upkeep of the building. So the roof / patio area needs to be better sealed and maintained. Its 2k's worth of work.

Who is liable for the costs.
1. All three freeholders as its structural - shared costs even though this is no where near flat C
2. Flat A as the leak is coming into their room on the ground floor and they could have reported it earlier.
3. Flat B as the leak is coming from the balcony patio area to Flat A.
4. Both Flat A and Flat B in equal terms as it's ones balcony and ones ceiling.

Any advice would be appreciated.
23/02/2015 09:36

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