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Leasehold

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  • Leasehold

    How does it work in a leasehold property - maisonette with two flats, there is no service charge, so I assume we would be responsible for all maintenance and external repairs?
    What if one flat is not keeping their part of property,ie roof properly, can we enforce it? Should this be stated in the leasehold document? What to watch out for generally, anybody has experience with this?
    We would also appreciate advice on home insurance in this case, thanks everyone

  • #2
    Every lease is different so you can only really tell by looking at the particualr lease.

    However, if there is no service charge it is quite likely that each maisonette owner is responsible for maintaining and insuring his own part of the building.

    Sometimes there is aright of reimbursement of half the cost in respect of structural repairs (roof, walls, foundations) and if the other lessee doesn't pay there should be a clause in the lease requiring the landlord/freeholder to take action against the recalcitrant lessee if the person wishing to enforce pays the costs of the action.

    As a conveyancing solicitor (assuming any property involved is in England/Wales) I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      parking space

      Hi all. I hope I can get some sound advise on this forum.

      I bought my flat in 2001 with an "allocated" parking space which the Lease describes as being "clearly defined". This means that in the Lease it shows the location of my parking space. Over the last 7 years, this parking space has never been white lined for my sole use and the gates to the development has a key code which enables anyone (including neighbours friends etc) to enter the parking area and park free of charge.

      I have raised this matter with several Management Agents that have controlled this development over the years but to date, the matter remain un resolved. I have recently put the Landlords (those that I pay Ground rent to) on notice that unless the fee of £18,000 be paid within 14 days, I will sue them through the HMCS on line system. Have I acted correctly or do I need to sue someone else and in adifferent way?

      Please someone help as if I wish to seel the property, a good conveyance lawyer will pick up on this outstanding matter!!!

      Thanks

      Jason

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      • #4
        I agree with Richard. You need to check the lease to see if it is a 'self-repairing lease', that is, you carry out repairs to you half of the building and cahrge the other leaseholder their share of the costs. Please be careful to comply with the terms of the lease that may require you to obtain a number of quotes and to give a period of notice before you carry out works.

        Section 20 of the Landlord and Tenant Act 1985 (now amended) appears not to apply to you as you are not the landlord. However, many landlord abrogate their responsibility to their leaseholders so that the latter believe that they are responsible for carrying out repairs when, actually, they are not! Examine the lease to see who is responsible for repairs. In any event, the leaseholder WILL ALWAYS be liable for the full cost of repairs, regardless of who is responsible for the carrying out of the repairs. If the landlord is responsible for carrying out the repairs and you do it, you will not be able to enforce payment of the other leaseholder's share of the cost, as you are not the landlord so, before you carry out repairs, please, please, please examine the lease as you could find yourself out of pocket!

        Good luck

        Valman

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