UK Property Law
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Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.
Do you have the ground rent to pay over now if asked?
How much is the GR?
In the lease, whose responsibility is repairs of the various areas?
I would be able to pay the ground rent if requested. It's 225 per year.
If I read the lease correctly it's my responsibility to repair the 'whole of the demised premises outside and inside'. However, earlier in the document it says the demised premises is everything up to the level of the lower edge of the joists which support the first floor.
The ivy and of course the roof are part of the upper area of the building. Therefore I'm assuming they aren't included as part of my ground floor flat responsibility.
Responsibilityto put repair the roof may not be yours. It may be covered in any servicecharge, but it is more likely, because of the wording of your lease, to be theresponsibility of the top floor flat.
Youneed to get hold of the lease of the top floor flat, which you can get from HMland registry for about £20.
Onceyou have that, you will know who is responsible for repairing the roof because ifthe roof is not included in the top floor flat, it is by default the responsibilityof the freeholder.
It maybe that it is mentioned specifically in the lease and it also may bespecifically mentioned in yours.
However,the default situation is that if no one in the building owns it under a lease,and it remains the property of the freeholder and the freeholder is liable tomaintain it.
Iappreciate that there may be an agent appointed by the freeholder. You need toget the name of the freeholder on the freehold title deeds which are alsoavailable from the land Registry at a cost of just 3 pounds.
Youcan buy the deeds here online https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
youmay be able to buy the lease but not all leases are available online, in whichcase you may have to contact the local land registry by telephone
Basedupon the above, it is unlikely that you will be responsible for the cost ofrepairing the roof. You are however responsible for all the ground rent thatyou should have paid regardless of the repair to the roof being required.
If everyou come to the flat the landlord will not give consent to the sale unless theground rent is paid up to date and the buyer will want proof of that. Thelandlord does not have to send demands for ground rent, you are liable to payit to voluntarily under the terms of the lease.
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