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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19428
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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England (UK) - Freeholder - Leasehold repairs for common parts: I

Resolved Question:

England (UK) - Freeholder - Leasehold repairs for common parts:

I live in a flat. Our management company wants to repair a 100 feet stretch of a road which is classified as a private road which though is used not only by us leaseholders but also some other people having their backgardens' gates along that road. Hence this road is not exclusive property of us leaseholders.

As these repairs are expensive and as the road does not exclusively belong to leaesholders, I am objecting it to be repaired by us.

Management company is citing a general clause (which is not specific to this road) in our lease which says that we are responsible for repairs of roadway which does not have to be demised to us but is being used by us or capable of being used.

My argument is that even if the interpretation of the management company is true about the above mentioned term of the lease, which I doubt, then still some legislation must limit leaseholders' responsibility to the areas which are exclusive to the leaseholders thus overriding the conflicting terms of the lease.

Am I correct and can you please point me to relevant legislation?

Thanks
K
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you actually use this road?

If so, why dont you think you should not pay for repairs?

Are the non leaseholders who use it being asked also to contribute?
Customer: replied 1 year ago.
Thank you. First of all there is no clarity on the ownership of the road. While some lease holders have to use this road to reach to their allotted parking ( i am not one of them), also that our visitors bay parking is accessed thru this road. However I personally and my visitors make no use of this road. Visitors parking is misused by other leaseholders and members of public. Repairs are expensive. The costs are not shared by the house owners (they are different group from us leaseholders) who have back gardens' gates opening on this road.

Hence I do not want to pay for it. However question is about my legal lease obligation and its compatibility with legislation.

Thanks.
K
Expert:  Stuart J replied 1 year ago.

You are only obliged to pay for things which are included in the lease BUT you are obliged under the common law doctrine of Mutual Benefit and Burden to contribute in proportion, along with the others, over any private land over which you have use.

I appreciate that this isn’t what you want to hear but there is no point in me misleading you

Does that answer the question?

I am happy to follow up any individual point you make.
I am online and off-line each day and most weekends so please bear with me if I do not come back to you within nanoseconds.
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Thank you.

Customer: replied 1 year ago.

Thank you sir.


 


If I have to contribute, then other users owning the houses whose gates of back gardens are opening on this road are equally responsible to contribute. Since those guys have nothing to do with us leaseholders, they will not contribute a penny. In this situation, can I refuse to contribute unless those peoples too agree to contribute?


 


Thanks


K

Expert:  Stuart J replied 1 year ago.
They certainly are liable to contribute. Unfortunately yr obligation is in yr lease whereas the others obligation is in common law.
You are entitled to know how road repairs have been apportioned and if the other users arent being billed, raise issue with mgt co.
The mgt co should ask for the respective contributions and the either remove the right (difficult) from non leaseholders or sue for the repair costs proprortion. There are lots of practical difficulties but that is the legal situation.
If you dont pay on the other hand, you are in breach of yr lease.
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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19428
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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