Garage repairs - liability to pay

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    Garage repairs - liability to pay

    Hi, I have a query about liability to pay for garage repairs. To hopefully explain the situation best, I'll build up the facts:-

    Two freeholds exist side by side.

    Freehold A has 10 flats and 3 garages in a separate block. The 10 leases state that lessor's expenses include garage repairs, and the apportionment clause allows for collecting on account and divides the lessor's expenses by 10, with a 'provided always' sub-clause that the landlord first collects contributions from 'other persons' before dividing by 10.

    Question 1:
    If the garage block needs a new roof, does it matter that the garages are not communal so that all 10 flats pay, or does the sub-clause apply that only the owners of the garages contribute?


    Freehold B next door has 4 flats and no garages. The 4 leases have no lessor's expense for garage repairs -they don't exist on the freehold - and the same apportionment clause (divided by 4 in this case) and sub-clause.

    Moving on to the issue that exists...

    One of the 4 flats in Freehold B (Mr X) owns one of the 3 garages in Freehold A. This is built into his lease from the start of the development as the same developer created both freeholds.

    Mr X's lease is identical to the other 3 flats on Freehold B except for stating the demise of his garage: the landlord for Freehold B has no lessor's expense obligation to repair any garages (none exist on the freehold).

    Mr X appears to own a garage that has no landlord liability to be recharged for repair under Freehold B by his landlord?

    Mr X wants his garage roof repaired and this needs the integral roof to be taken off and replaced.

    Question 2: What legal relationship exists between the landlords of Freehold A and B with Mr X and who pays to repair the garage roof and especially Mr X's ?

    Question 3: Does it matter to the legal contracts involved whether Freehold A and B are owned by one person?

    Thanks in advance for any comment.
    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

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