Leasehold Agreement clause - clarity sought

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  • LEAFY211
    replied
    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

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  • Gordon999
    replied
    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.

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  • Macromia
    replied
    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.

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  • sgclacy
    replied
    I think you need to set out the 5th Schedule to your lease

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  • LEAFY211
    started a topic Leasehold Agreement clause - clarity sought

    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

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