I live in a block of four flats, 2 ground floor, 2 first floor.
The other 3 flats share a communal hallway/stairs, we have a private entrance ( a maisonette i believe - why do i feel all Hyacinth Bouquet!)
Anyway, within my lease i have no covenant giving me any kind of responsibility to pay towards the roof or guttering, ( i live in a ground floor flat) the roof needs replacement soon, but there is a covenant stating:
......"the necessity or otherwise of repairing or maintaining any of the aforesaid matters or the proportion attributable to each property owner the the decision of of the lessor or its surveyor shall be conclusive "
The aforesaid matters refer to a septic tank, electric cables, driveway, and party walls and fences
Does this override the fact that my lease precludes roof repairs?
Can a surveyors report take precedence over my lease?
the reason i mentioned the communal hallway is that i beleive originally, that all leases were generated identical but when ours was sold somebody realised it contained covenants based on a communal entrance and basically cut a section out, in doing so they inadvertantly cut out the repairing covenant - and a few others around pets, washing lines etc.
What are peoples thoughts?
Andy
The other 3 flats share a communal hallway/stairs, we have a private entrance ( a maisonette i believe - why do i feel all Hyacinth Bouquet!)
Anyway, within my lease i have no covenant giving me any kind of responsibility to pay towards the roof or guttering, ( i live in a ground floor flat) the roof needs replacement soon, but there is a covenant stating:
......"the necessity or otherwise of repairing or maintaining any of the aforesaid matters or the proportion attributable to each property owner the the decision of of the lessor or its surveyor shall be conclusive "
The aforesaid matters refer to a septic tank, electric cables, driveway, and party walls and fences
Does this override the fact that my lease precludes roof repairs?
Can a surveyors report take precedence over my lease?
the reason i mentioned the communal hallway is that i beleive originally, that all leases were generated identical but when ours was sold somebody realised it contained covenants based on a communal entrance and basically cut a section out, in doing so they inadvertantly cut out the repairing covenant - and a few others around pets, washing lines etc.
What are peoples thoughts?
Andy
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