"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?
    Thanks

    #2
    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.

    Andy
    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.

    Comment


      #3
      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.

      Comment

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