Apartment block - repairs

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    Apartment block - repairs

    Hi,
    I own one downstairs apartment in a block of 4. There are no communal areas except for the outside pathways and garden. Both upstairs apartments have their own porches. The management company have issued an invoice (in my opinion over priced!) to all apartment owners to repair a leak issue in a porch belonging to one of the upstairs apartments. The explanation is apparently due to defective building work when they were built approx. 25 years ago. Would appreciate advice on who is responsible for paying this, the apartment owner or all four owners collectively?
    Thanks.

    #2
    Check your lease, but its usual for the freeholder (or their management company) to have responsibility for exterior repairs and to recover them from all leaseholders. If the roof needs repairing you can expect to pay a share even though it affects you less than those on the top floor. Likewise if there is rising damp, the upper floors would have to contribute even though its the ground floor flats that mainly benefit.

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      #3
      It is mostly like the leaseholders, the freeholder, doesn't normally pay for anything, any external aspects of the property that need to be repaired, the costs associated with it are then allocated to the leaseholders. Your lease should provide details of this.

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        #4
        It'll very much depend on what it says in the lease.
        Assume I know nothing.

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          #5
          Is there no reserves in the Service Charge account

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            #6
            I agree with others, it depends on the wording of the lease,

            If the price is too high, you may ask the management company to obtain another quote.

            You can dismiss the comments regarding defective building works, it is unlikely to be accepted as being defective by the contractor and it is unlikely that any action could be taken at this stage,

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              #7
              If the amount is more than 250 per each leasehold property - they need to follow section 20 process.

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                #8
                Thanks everyone for your advice.

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                  #9
                  Originally posted by loanarranger View Post
                  Is there no reserves in the Service Charge account
                  Whether or not there is any money in a reserve account doesn't answer the question of who is responsible for paying.

                  As others have said, who is responsible will largely depend on what the leases say - but it may well be a shared responsibility of all leaseholders.

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                    #10
                    Whoever receives the Service Charges would normally have a sinking fund from which essential repairs or maintenance would be paid and if that is exhausted then yes the shortfall is normally shared between the individual leaseholds, but as already intimated much will indeed depend on the terms of the lease.

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                      #11
                      Originally posted by loanarranger View Post
                      Whoever receives the Service Charges would normally have a sinking fund from which essential repairs or maintenance would be paid and if that is exhausted then yes the shortfall is normally shared between the individual leaseholds, but as already intimated much will indeed depend on the terms of the lease.
                      That's not how sinking funds/reserve funds should be used (if there is one) because it invites abuse.
                      Funds of this type would usually be contributed to by all leaseholders in accordance with the proportions described in the lease, and should be a way of saving towards expected future expenditure.
                      If the cost of repair such as those described is paid out of a reserve fund, the funds would usually need to be replaced.
                      If all leaseholders are responsible for paying for the repairs it might be reasonable to take the money from a reserve fund to allow the cost to be spread over a few years (although any requirements for consultation should still be followed).
                      On the other hand, if the leases make a single leaseholder responsible for any repairs the cost of these repairs should not be taken from reserve funds (and if it is for some reason, that leaseholder should be required to repay the entire amount, potentially with interest).

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