dickdendle
15-02-2010, 18:34 PM
I'm one of four leaseholders in a converted house and I'm trying to establish who is liable for some work that needs carrying out on the upper sections of the property.
The building consists of 4 flats on 4 separate floors (basement, ground, first and second) and I live in the second floor (uppermost) flat. Both my flat and the flat below have had problems with internal water leaks and a builder from a roofing company has confirmed that a significant amount of work is required to rectify these problems.
The builder informed me that the problems have arisen due to both natural wear and tear and a number of poor building/repair jobs that have been carried out over the course of many years. Most of the work that needs doing is on the roof of the property with some additional repairs/modifications required to the balcony at the front of our flat (which actually sits above the lounge of the first floor flat). I am quite certain that every leaseholder in the block is responsible for the maintenance of the roof however I'm not so sure about the balcony area.
I have consulted the (badly written) lease and found the following section:
START
3. The Tenants Covenants
The Tenant covenants with the landlord as follows:-
3.3. At all times to contribute and pay on demand a rateable or due proportion of:-
3.3.1. The costs and expenses of making repairing maintaining rebuilding and clearing all ways sewers drains pipes water courses party walls party structures party fences (including without limitation) the floors balconies and other surfaces and access ways and stair accesses serving the Demised Premises and other parts of the Building which may belong to or be used for the Demised Premises in common with other premises in the Building or near or adjoining thereto
END
I have been informed by my solicitor on a previous occasion that this lease is 'vague and poorly written' but the above extract seems to be fairly straightforward and I'm hoping that someone might be able to confirm if I am solely responsible for any of the work required or if, as I suspect, all four leaseholders are equally responsible/liable for the work on both the roof and balcony areas.
I would really appreciate any help or advice that you might be able to share with me.
Thanks for your time.
The building consists of 4 flats on 4 separate floors (basement, ground, first and second) and I live in the second floor (uppermost) flat. Both my flat and the flat below have had problems with internal water leaks and a builder from a roofing company has confirmed that a significant amount of work is required to rectify these problems.
The builder informed me that the problems have arisen due to both natural wear and tear and a number of poor building/repair jobs that have been carried out over the course of many years. Most of the work that needs doing is on the roof of the property with some additional repairs/modifications required to the balcony at the front of our flat (which actually sits above the lounge of the first floor flat). I am quite certain that every leaseholder in the block is responsible for the maintenance of the roof however I'm not so sure about the balcony area.
I have consulted the (badly written) lease and found the following section:
START
3. The Tenants Covenants
The Tenant covenants with the landlord as follows:-
3.3. At all times to contribute and pay on demand a rateable or due proportion of:-
3.3.1. The costs and expenses of making repairing maintaining rebuilding and clearing all ways sewers drains pipes water courses party walls party structures party fences (including without limitation) the floors balconies and other surfaces and access ways and stair accesses serving the Demised Premises and other parts of the Building which may belong to or be used for the Demised Premises in common with other premises in the Building or near or adjoining thereto
END
I have been informed by my solicitor on a previous occasion that this lease is 'vague and poorly written' but the above extract seems to be fairly straightforward and I'm hoping that someone might be able to confirm if I am solely responsible for any of the work required or if, as I suspect, all four leaseholders are equally responsible/liable for the work on both the roof and balcony areas.
I would really appreciate any help or advice that you might be able to share with me.
Thanks for your time.