Lease with demised roof?

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    Lease with demised roof?

    Hi all

    Been looking at a pal's lease to see if they're responsible for roof repairs. I'd always assumed this'd be communal in a flat, but looking through the lease it seems to me to be demised to the Leaseholder. It's a London flat above a shop with a flat roof, and the roof is only directly connected to this specific flat (i.e. the other flats on the top floor have totally separate roofs).

    Would you mind checking my homework? I've pulled out the relevant clauses below:

    The Leaseholder has as their demise:

    · ‘all those parts of the building from the first floor upwards including floors and structural joints on which they rest’

    But every resident of the building has:

    · ‘the right to …shelter and protection to the other parts of the building’.

    The Leaseholder is not allowed to:

    · ‘alter…ceilings…without the prior consent in writing of the Lessor’

    But must both:

    · ‘keep the demised premises…including…roofs…in good repair…so as to support shelter and protect the parts of the building other than the demised premises’

    As well as:

    · ‘keep the demised premises as to both interior and exterior thereof … in good order’ (both Page 8)


    The lease has no provision for a service charge.

    Does this mean the Leaseholder is responsible for roof repairs?

    #2
    That's how it reads to me.

    Comment


      #3
      What does the shop lease say about maintenance of its flat roof ? Is the building owned by one of the london borough councils ?

      Comment


        #4
        I've not seen the shop lease but I know the landlord recovers his costs exclusively from those shops, not the residential units. Freeholder is a private individual, though may once have been a London council. Does it make a difference?

        Comment

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