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Thank you for a prompt and informative reply to my previous question. Still keeping with the same subject - the 95 Leaseholders pay an annual fee of £125.00 to the Freeholder and have been doing this for the last 13 years.My question to you is what are the Freeholders responsibilities as far as upkeep of the property and fair wear and tear is concerned.John
Optional Information: System of Law: England-and-Wales Already Tried: Nothing so far, you are my first port of call
I am not at my PC at the moment as I am travelling home from the office but will get back to you asap.
Okay, thank you for keeping me informed
Hello again. As it is weekend and we are allhuman beings I will be on and off-line all weekend so please bear with me.
Usually, the liabilities of the freeholderare stated in the lease under landlords covenants. There may be a schedule ofthe services which they supply.
Wear and tear of common parts is usually thefreeholder's responsibility and in each flat are the leaseholdersresponsibility.
With regard to maintenance of the buildingonce again, it is necessary to study the lease. Sometimes leaseholders areresponsible for their bit of the structure perhaps with a contribution towardsthe roof of which everyone gets the benefit. Sometimes the structure isentirely the freeholder's responsibility.
Repairs to the structure are done by thefreeholder usually paid from the service charge. Sometimes there is a sinkingfund to pay for extra ordinary items and sometimes extra ordinary items will bedivided amongst all the leaseholders in which case the landlord must serve asection 20 notice advising the leaseholders of the extra ordinary spend towhich they are being asked to contribute.
In a nutshell, there is no hard and fast ruleand it is necessary to study the lease.
Can I help further?
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Brilliant - a very clear and concise answer. Once again, thank you and I hope you have a great weekend.