Charging for garage repairs when two owners do not have garages

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Charging for garage repairs when two owners do not have garages

    Advice needed please - we are in a block of 12 flats which we own the freehold of. Two of the owners do not own garages. Block is managed by 3 owners who are Directors. We need repairs to the garages which will be approx £14000 and management co intend to pay for half of the work out of our service charge fund and owners will pay remainder between them so roughly £700 each. Should owners without garages be reimbursed £700 each? We all pay the same amount of service charges irrelevant to size of flat. What is legal position please?

    #2
    I own a one bed flat in a block of 12 flats and we all pay the same monthly service charge. There are 3 two bed flats with garage, 7 one bed flats with garage and 2 one bed flats without garage. How do we apportion service charge to take into account size of each property?

    Comment


      #3
      Depends upon the lease agreement which will state how the service charge should be apportioned.

      Comment


        #4
        We have a flat in a block of which all but 2 owners have garages. Garages now need repairing and I am wondering if owners without garages should get a refund out of the service charges.
        Cost is approx £14000 - half of which will be paid out of service charge fund and other half will be shared between owners, so approx £700 each. Should non garage owners get refund of £700 each?

        Comment


          #5
          Without searching for the cases to cite, from my memory I'm fairly sure such question have gone to court before and the judgment was that the leaseholder can still be made to pay for it under the service charge.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            You pay what the lease says. It does not have to be in proportion to anything (whether number of rooms, floor area, number of windows, garage space or anything at all). Read the lease. Nor does it have to be fair.

            Comment


              #7
              Originally posted by KTC View Post
              Without searching for the cases to cite, from my memory I'm fairly sure such question have gone to court before and the judgment was that the leaseholder can still be made to pay for it under the service charge.
              I think that has to be the case. What each tenant agrees to pay for is a matter of contract.

              Ideally, in such a scenario the proportion of service charge payable by tenants with no garages should be lower, or alternatively a different regime is set up for a separate garage block.

              Comment


                #8
                If the lease says the costs are split across all the flats then that is the case. It is the contract that you bought.

                It matters not who uses the garages.

                For example if a building has a lift and the lease says that everyone pays equally for everything, you can't claim that you have no liability for the lift because you are on the ground floor.

                Your lease would likely have been cheaper (in an intelligent market) if it obliges certain things.

                The only way it can be challenged is if the total adds up to something other than 100%.

                You can let us know the exact words in your contract (which you "signed")

                Not sure why they are making things up (if it says it should be equal) -- sounds to me as if the garage owners are being cheated.....

                Comment


                  #9
                  Three separate threads to be merged.....

                  Comment


                    #10
                    I doubt it...... if that were the case then those flats without a gable end should not pay for any pointing that would be needed..... it would all fall apart very quickly indeed.

                    Comment


                      #11
                      You all pay your share out of the service charge fund whether you have a garage or not.

                      Just as a ground floor flat pays their share out of the fund towards roof repairs even though they don't have a roof as such.

                      It's one fund, it's not individual funds for each flat and can't be treated as such.

                      If it was all being paid out of the fund then that would be that.

                      In this case only half is being taken from the fund and the 10 garagage owners are then paying an extra £700 each.
                      Which is fairer to have them pay more than the non garage owners, but it doesn't have to be done that way and it could all come from the fund. (If there is enough in the fund).

                      Comment

                      Latest Activity

                      Collapse

                      • Reply to Can freeholder change how visitor bay is used?
                        by Section20z
                        Yes of course you can have parking enforcement on private land if neither demised nor any rights over it given in lease. Best employ private firm to erect signage and enforce fines. Maybe enforce a time limit unless special exemption given ? ( Visiting mother in law)....
                        25-02-2021, 10:45 AM
                      • Can freeholder change how visitor bay is used?
                        by Pete_Manor
                        In a purposed built block of flats with 3 visitor parking spaces, no other communal/shared parking facilities.
                        Lease mentioned nothing about visitor parking, it only say "no parking in front of garage" and "not to park anywhere else to cause nuisance and annoyance."
                        ...
                        24-02-2021, 22:18 PM
                      • Reply to Director of a Residential Management Company Issue
                        by AndrewDod
                        They pay what the lease says they should pay for works the lease says needs doing. If they can't afford it they take a loan, take a lodger or get sued. Or they sell their flat immediately. You MUST take legal action against errant lessees -- this is not a game or a charity. And if they do not pay it...
                        25-02-2021, 10:40 AM
                      • Director of a Residential Management Company Issue
                        by NewGuy123
                        Hello,

                        I have been googling most of the day to try get some answers/explanation for the issue we have and i ended up reading through some of your topics and the answers have been really helpful so i am going to try my luck! I am slightly paranoid writing this as this is a public forum and...
                        24-02-2021, 13:18 PM
                      • Reply to Can freeholder change how visitor bay is used?
                        by Lawcruncher
                        Can the freeholder
                        1. Remove the visitor parking space? If the area was set out and designated as a visitor parking space then probably not.
                        2. Issue fines or charges for abusive parking (say, some people hogged the space for weeks)? No.
                        3. Make new rules about using the visitor parking...
                        25-02-2021, 10:33 AM
                      • Reply to Can freeholder change how visitor bay is used?
                        by eagle2
                        Parking issues cause as many complaints as anything else. Subject to anything within the lease, It is reasonable to provide parking spaces for visitors. If you remove them, what do you intend to do with them?
                        My understanding is that parking enforcement may be used on private land, however, if...
                        25-02-2021, 09:57 AM
                      • Reply to Can freeholder change how visitor bay is used?
                        by Pete_Manor
                        Thx Ram. I can't find any law saying parking enforcement on freehold land for leasehold flat isn't allowed?
                        The lease says the freeholder can add rule/regulation deem necessary or expedient for the management care and cleanliness of the Buildings and for securing the safety comfort and convenience...
                        25-02-2021, 09:30 AM
                      • Reply to Director of a Residential Management Company Issue
                        by eagle2
                        It pays to take the time to try to understand the leaseholders and build a good relationship with them, it is impossible to have one rule for all. You should be sympathetic and flexible in these unusual times and genuine leaseholders will appreciate and respond positively.to offers of assistance, Legal...
                        25-02-2021, 06:52 AM
                      • Reply to Lease still 106 years - should I extend now or later?
                        by sgclacy
                        Assuming the flat is worth £270k and the ground rent is £250 doubling in 6 years to £500 and doubling every 25 years thereafter the premium for a lease extension would be around £13,000. A ground rent of that size may attract a capitalisation rate of 5% to 5.5%.

                        In addition, there are...
                        24-02-2021, 23:35 PM
                      • Lease still 106 years - should I extend now or later?
                        by jay 101
                        Hi,

                        I have a 2 bed flat in London that I rent out. Value of flat is approx 260-280k. 106 years remaining on the lease. I was lead to believe that it's best to extend the lease before it becomes fewer than 100 years remaining but was after opinions as to whether or not this is true?
                        ...
                        24-02-2021, 14:49 PM
                      Working...
                      X