Retain and Maintain - discuss

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    Retain and Maintain - discuss

    In my ongoing nightmare, the latest wind up is to charge leaseholders to maintain the retained garden, to which we have no rights (we are talking hundreds each here).

    I thought the rule was, if FH retains he maintains.
    Leaseholders maintain what is demised to them
    Everybody pays for shared stuff like walls.
    Communal areas are paid for by those who use them.

    At this rate they will expect me to pay to refit their shop.

    That is not the rule(s) at all

    What does the lease say.

    Communal areas are not "paid by those who use them"
    Leaseholders do not necessarily pay for what is demised to them
    Freeholders do not have to maintain parts to which no-one other than they have access


      Lease is silent on garden maintenance, but has a wooly clause to cover anything not covered elsewhere.

      We are in the crazy situation where the FH leases the shop and garden to business, and the leaseholders are supposed to fund most of the cost of looking after the business premises.


        Then apply to the FTT for a determination.


          Are you under a "long residential 99 years lease" or lease under a "commercial building lease".

          The long lease for a residential flat should have some clauses about contribution to annual service charge for maintenance of the communal areas and what % is contributed by your flat...


            Originally posted by JK0 View Post
            Then apply to the FTT for a determination.
            Exactly. If the LH has no use over the areas in question then even if lease is vague this is bound to sway the FTT to determine you dont have to pay.

            The first post here may sound like common sense but its not how contract law operates, the lease is king BUT we havnt seen it.
            Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

            I do not accept any liability to you in relation to the advice given.

            It is always recommended you seek further advice from a solicitor or legal expert.

            Always read your lease first, it is the legally binding contract between leaseholder and freeholder.


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