Hi, new poster here, legal ignoramus. We live on the middle floor of a three story building (i.e. the British first floor), freehold jointly held as individual leases by all owners equally and managed by a residents' committee who employ estate managers. We and the flat above have balconies which are cantilevered extensions of the internal concrete floor/ceiling plates and extend between two adjacent flats on each floor, i.e. the balcony is a continuous concrete slab which connects four flats inside and out, two neighbouring below, two neighbouring above. The ground floor flat below us has our balcony as an external 'ceiling' which overshadows their access to the common garden. The lease for our flat states that we are responsible "for repairs to the balcony or balconies" and that we are responsible for internal ceilings and flooring.
There is a repair issue with all of the balconies. The flat below has been told by the estate managers that they as flat owners are responsible for the repairs to the underside of the balcony, i.e. the extension to their ceiling, while we are responsible for repairs to the upper surface (the extension of our floor) and the underside of the balcony on the flat above us (the extension of our ceiling). Conversely (maybe...), the wording of the lease implies we are responsible for the whole balcony, i.e. upper and lower surfaces, and none of the balcony to the floor above. The fact that the balconies are concrete slabs which are extensions of the internal floors and ceilings seems to me to complicate matters (it's not said in the lease if the floors/ceilings are "severed medially"). Just to add a little more spice, five years ago the estate managers unilaterally replaced all the balustrades to the balconies as part of the general service charge which all leaseholders pay, whether they have balconies or not.
I have no desire to cause a ruckus with neighbours, but I really do want to know exactly what we're liable for.
There is a repair issue with all of the balconies. The flat below has been told by the estate managers that they as flat owners are responsible for the repairs to the underside of the balcony, i.e. the extension to their ceiling, while we are responsible for repairs to the upper surface (the extension of our floor) and the underside of the balcony on the flat above us (the extension of our ceiling). Conversely (maybe...), the wording of the lease implies we are responsible for the whole balcony, i.e. upper and lower surfaces, and none of the balcony to the floor above. The fact that the balconies are concrete slabs which are extensions of the internal floors and ceilings seems to me to complicate matters (it's not said in the lease if the floors/ceilings are "severed medially"). Just to add a little more spice, five years ago the estate managers unilaterally replaced all the balustrades to the balconies as part of the general service charge which all leaseholders pay, whether they have balconies or not.
I have no desire to cause a ruckus with neighbours, but I really do want to know exactly what we're liable for.
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