"Fair Proportion"

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    "Fair Proportion"

    Quick recap: leasehold property, 6 flats. Upper 5 flats are access via a shared common hallway, basement flat (mine, leasehold) has its own front door direct from street.

    The lease states that for certain works, the flat is to pay a "fair proportion" of the costs but does not in any way quantify what constitutes a "fair proportion". It does not even say who decides what a "fair proportion" is (and I've read the lease long and hard regarding a different matter). As it stands, the managing agent is simply dividing all bills by 6; so if for example he fits new common way lighting upstairs (which have no conceivable benefit or utility to the basement flat), I am charged 1/6th, and so on.
    Is the term "fair proportion" legally defined anywhere, i.e. the normally construed value of a fair proportion is 1/<n> where <n> is the number of flats?

    Its a phrase thats been before LVT's and maybe even Upper Tribunal a few times who have made decisions about it, perhaps a search using the phrase eithjer on the Lease Advice or RPTS sites will bring results ?

    Your argument about not having benefit of lights upstairs might well fail fail, the same argument regarding lifts (by people on the ground floor)nearly always concl;udes that they too must pay a share.

    I'd guess paying a 1/6th each would be deemed fair, unless the flats are very different or some have access to a swimming pool or something.

    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.


      It is that loose to allow changing circumstances to be adopted.

      If the LGFF ( nicer term for basement flat) does not use the common areas it might be fair that the costs are separated into "exterior and structure" 6 flats and "interior" 5 flats.

      be wary though as LVT's do feel that some contribution be made to interior if there is a common post drop utility cupboard or similar.

      The proportions could be calculated assuming that all have relatively simialr accommodation into a % based on gross internal floor area.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.


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