Leasehold repairs

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    Leasehold repairs

    Hi - any advice please on this one:

    I've a leasehold flat in a converted three floor buliding consisting of a basement flat with garden, ground floor flat (mine) and 1/2 floor masionette flat.

    I've recently been issued with a building maintence repair bill from the freeholder listing various repairs works necessary to the building. On viewing the listing I noticed that the majority of works related to repairs to the basement flat (guttering on extended kitchen, repair water pipe to garage etc).

    I'm aware that I need to pay a share for the upkeep/maintence of the strutural aspects of the buliding and communal arears but unsure what constitutes a resonable share. I currently pay an equal share (33.3%) for ground rent and maintenance with the other leaseholders.

    I guess my angst is that in my view the majority of the works required relate to the basement flat, with my payment of the bill having no direct benefit for my flat. In addition the garage is separate to the main building (accessable by basement flat leaseholder only) and last year I was hit with a bill for repairs to a wall in the garden of the basement flat (not a communal garden).

    Should I perhaps address the percentage contribution to the maintenance fund/any future bills that I will have to pay going forward? (lowering my contribution as my flat occupies much less of the freehold building compared to the other flats) or am I being unreasonable?

    #2
    Always rely on the terms of the lease.

    Your share of the service charge is enshrined in the lease. The lease cannot be unilaterally amended.

    Surely you see the logic in paying for maintenance to parts of the building which you do not directly access. I hope you’re not one of those people who complain about paying for a roof renewal if you lived on the ground floor!

    Yes maybe the inclusion of the garage maintenance shared by all but used by just one lessee may have been an oversight at the time the lease was drawn up (I think it was done for simplicity). It’s too late to do anything about that now without agreement from the freeholder and all the lessees.

    How long have you been a lessee in this building?

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      #3
      Read the Lease thourougly.

      As a Freeholder the leases associated with other parts of the building are very precise in what has to be paid for. There is a block exemption which states that
      "To contribute and pay...... as are enjoyed or used in connection with two or more of the flats forming part of the said property namely"
      If it is for the sole use of one of the flats (my garage, downstairs cellar) then the others do not have to pay.

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        #4
        Thanks for your replys.

        I'll double check my current lease (and all other leases in the future!).

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