Communal responsibility question

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    Communal responsibility question

    Hi there

    I live in a block of six flats. The freehold is owned by a management Ltd company owned one sixth share by six owners, one for each flat. The owners arrange for maintenance of the communal areas and have a leasehold agreement with the management company.

    At the back of the property there is a wall that encloses the patio area for one of the flats. It's part of the boundary of the block but only the one flat can access the interior side. The exterior side is exposed to the public.

    My question is about maintenance responsibility and costs for this section of wall. Does it fall to the management company or the individual flat owner who can access the interior of the wall? The leasehold documents are not specific on this point.

    Pictures attached.

    Kind regards
    Robert

    #2
    If that wall was there when the building was built, and or on the very first issue of a lease for that flat, it's a common wall.
    If a previous leaseholder built it,or converted a basement into a flat and built the wall, then the current leaseholder should be responsible for it.

    Comment


      #3
      Thanks Ram, that's a help. The wall was build at the outset with the rest of the property before the lease was created. I have to explain this to the management team and I wonder if you have any supporting cases or guidelines that I can show them to make the argument?

      Comment


        #4
        Originally posted by RobertHooper View Post
        wonder if you have any supporting guidelines that I can show them to make the argument?
        Guidelines are as in my post number 2,
        Without seeing the lease, it is impossible to give a definitive answer.

        Does the bottom floor lease state they are responsible to maintain that wall ?
        I doubt if it does.

        If the wall needs replacing or maintenance and it's a common wall, then the cost to maintain will be negligible between 6 flats.


        Comment

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