Splitting repair costs

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    Splitting repair costs


    We own a leasehold flat in a converted house (of three). In our dealings with the management company, we are responsible for 25% for all the expenses of the building, as we own the smallest flat. This includes management fees, general maintenance, service charge and insurance. Our lease states, “Proportion of Insurance and Service Charge – 25%”

    We are about to pay, together with the other tenants, for some repairs to be done (our management company doesn’t deal with us much and we are trying to collectively purchase the freehold).

    The tenants in the largest flat want a straight three-way split for the repairs, as they don’t want to pay more than everyone else, especially for something that doesn’t affect them directly. The damage is in common parts (roof, hallway) and so doesn’t really affect the inside of any of the flats anyway. But, regardless of that, we thought that our share would be 25% as set out in the lease for the service charge. They say the lease doesn’t say how we split bills.

    Is it right to judge these things on a case-by-case basis, according to how we are personally affected, or do we stick to what the lease has determined?

    Any help would be much appreciated.

    The lease governs contributions to service charge. Unless the work is entirely different from what the service charge provisions contemplate (eg buying f/r, building something new, etc.), the lease will rule and you pay only 25%.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


      I see. Thanks a lot, Jeffrey. That's reassuring.


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