Leasehold Agreement clause - clarity sought

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

    Leasehold Agreement clause - clarity sought

    I live in a 2-flat annex to the main building of 24 flats. Therefore the leaseholder upstairs and I have a separate lease to the big building, on which I hoping someone might be able to advise..

    My lease states that I must pay

    50% of costs charges and expenses referred to in the 5th schedule that exclusively relate to the premises and Flat XX. (the other flat in my annex would pay the other 50%)
    1.125% of costs in relation to the costs charges and expenses or outgoings incurred for cleaning, maintaining repairing or renewing the forecourt refuse garden and parking areas, the main common pipes wires cables drains conduits and other installations for the supply or running of sewage, water, gas, electricity, telephone or television, to the Premises, the boundary walls of the Development, security lighting, insurance of the Development, administration and professional fees and expenses incurred as referred to in clause 6(10) and the Fifth Schedule. And any rates, taxes or assessments imposed on the Common Parts, but not including such imposed upon the area of the main building, and any other expenditure incurred which is not for the common benefit of the Premises and Flat XX.

    I just wanted to check if the 50% rule overrides all the items payable, or all those items payable which dont come under the 1.125% rule.
    Eg professional fees relating to just my annex building .. would i expect to pay 50% or 1.125%?

    If anyone can give me any specific guidance on this (Im not looking for general lease guidance or anything), I would be hugely appreciated.
    Fingers crossed

    #2
    I think you need to set out the 5th Schedule to your lease

    Comment


      #3
      From my reading of what you have posted, I would say that you would be required to pay 50% of any professional fees if they relate solely to the building your flat is in.

      Presumably there are several buildings on an estate and the company/freeholder arranges maintenance of gardens and parking areas that are for the use of everyone living on the estate?
      The 1.125% fees will be your share of any maintenance that cannot be assigned to being solely for the benefit of a single building.

      Comment


        #4
        The 50% contribution applies to maintenance costs incurred only for the annex building containing 2 flats.

        The 1.125% contribution is an "estate charge" to cover the common areas and this cost is shared by all flats on the estate.

        Comment


          #5
          thanks everyone. That has been very helpful to glean your views, which do make sense that the 50% is the leading criteria for absolutely anything relating to only my building. And then any other relevant costs in my lease would be at the 1.125% rate. Thanks again

          Comment

          Latest Activity

          Collapse

          • Reply to Freeholder/Agent Demanding Money for Repairs
            by eagle2
            It makes you wonder why any freeholder should comply with s20 at all. As you say, it can wait to see if any leaseholder challenges the costs. It does not even need to explain why it did not comply with s20, the only consideration appears to be whether or not the leaseholders suffered any financial prejudice,...
            23-10-2021, 06:34 AM
          • Freeholder/Agent Demanding Money for Repairs
            by SSLA91
            Hi all,

            Long time lurker of this forum and recent new member. Have always found the forum incredibly helpful so thank you! Have now got an issue with our freeholder that I could use some specific advice on (have tried searching for similar posts but to no avail).

            We have recently...
            20-10-2021, 20:28 PM
          • Reply to Section 20 notice
            by Starlane
            Hi Macromia thank you as always for your helpful and sensible input.. one building is saying one thing and another building the other, the usual chinese whispers so I took the bull by the horns and spoke to everyone and I am almost there apart from a Director who wants to do their own thing ( not being...
            22-10-2021, 20:57 PM
          • Section 20 notice
            by Starlane
            Hello I would welcome input on the following:
            Two roofs feed into a valley, the valley is in need of repair, this is a shared responsibility and therefore a shared cost. so how do we issue a section 20 notice when really we need the consent and agreement from two different buildings/landlords...
            22-10-2021, 19:09 PM
          • Reply to Share of freehold questions - confused
            by Starlane
            Agree thank you...
            22-10-2021, 20:52 PM
          • Share of freehold questions - confused
            by sixunforced
            Not sure if this is the right place for this query but anyway, I'm a first time buyer and have been searching for a property for like two years now (not continuously but on and off and obv covid halted my search for a while). I found a really nice 2 bedroom flat for under £320,000 in a block of around...
            18-11-2020, 21:19 PM
          • Reply to Section 20 notice
            by Macromia
            Assuming that the two freeholders have agreed that they will work together and share the costs, they jointly agree what needs to be communicated to the leaseholders and then each freeholder writes to the leaseholders in their building.
            22-10-2021, 20:16 PM
          • Freeholder threatening to cut water off
            by Disraeli-LLH
            I was hoping you would be able to help. We own a ground floor flat LLH(970 yrs remaining). The freeholder owns the house and lets the flat upstairs on an AST.

            The freeholder currently undertaking works including replumbing. We have been on a shared water supply and we connect through their...
            20-10-2021, 15:35 PM
          • Reply to Freeholder threatening to cut water off
            by Macromia
            This is possibly by far the most important consideration, in my opinion.
            If the OP's lease doesn't allow 'improvements' to be charged to service charges, the freeholder cannot require them to contribute anything towards the costs, and would therefore be something that they would have had no choice...
            22-10-2021, 20:08 PM
          • Reply to Freeholder/Agent Demanding Money for Repairs
            by Macromia
            Possibly...

            Although when my freeholder applied for dispensation a while back (arguing that the proposed work had to be carried out as a matter of urgency) they were granted dispensation with the First Tier Tribunal commenting that the 2013 Supreme Court Case of Daejan versus Benson meant...
            22-10-2021, 19:51 PM
          Working...
          X