Roof Is Leaking and Damaging The Party Wall

Question

Wondering if you think the party wall act applies in the following case.

I live in a terraced property. The party wall between two pitch roofs at the rear of the property has been damaged by water intrusion over the winter. The covering screed has cracked and is allowing damp to penetrated the underlying wall and roof space below.

The managing agents have stated they do not want their side of the wall repaired as it is in a schedule of works due to be completed in June 2011. Due to the damp problem I intend to repair the wall this summer.
Answer

It is possible that section 2(2)(b) of the Party Wall Act applies if the work is necessary on account of defect or want of repair.

In such circumstances either owner can give notice to the other stating their intention to repair the wall. The costs of the repair are apportioned in accordance with section 11(5) of the Act i.e. depending either on the use made of the wall or which owner was responsible for allowing the defect to occur. If the owners cannot agree then surveyors must resolve the dispute.