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
System of Law: England-and-Wales
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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).