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  • FIRST POST
    • bouicca21
    • By bouicca21 14th Sep 17, 12:10 PM
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    bouicca21
    Can freeholder force change to lease?
    • #1
    • 14th Sep 17, 12:10 PM
    Can freeholder force change to lease? 14th Sep 17 at 12:10 PM
    A garage in a block is demised to each leaseholder in my block of 6 flats. Built in the 1960s they are too small for modern cars, so used for storage. Parking is an irritant.

    Some but not all now need the roof refelting (not sure that's the right word, I mean the wood is ok, it's the stuff that goes on top that needs replacing). I think it would be sensible to refelt them all but management company are reluctant to do so as those leaseholders whose garages are dry are likely to get upset. But mine is one that needs doing and if left will need a more expensive job as the wood will rot.

    The idea of knocking them down and rebuilding has been floated. There is enough land to do this. It would of course be expensive and i am not sure that all leaseholders would agree. Plus all the leases would have to be varied since they currently include our garages on the title plan and if rebuilt the location would be different. I'm not sure the rebuild idea is feasible, unless the freeholder can force a variation.

    I need to decide on a strategy. There are three options. 1 Press for refelting all the garages. 2 Ask for mine to be done at my expense, £425 has been mentioned (at least one other will be prepared to pay, 2 that need repair are rented so the leaseholders probably don't care). 3 Agree to put repair on hold while the rebuild idea is explored (management company is v slow, given past performance, I can see this option taking at least a year or two).

    What would you do? Is there any way to force the management company to repair the lot?
Page 1
    • G_M
    • By G_M 14th Sep 17, 12:41 PM
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    G_M
    • #2
    • 14th Sep 17, 12:41 PM
    • #2
    • 14th Sep 17, 12:41 PM
    The rebuilding would, I think, need the agreement of the freeholder and all leaseholders.

    1) whether all the leaseholders' consent is needed depends on the exact wording of the leases. What do they say?

    2) is a viable option, though again - read the lease. It could be that the cost should be shared amongst all leaseholders, even if only 1 or 2 of the worst roofs are re-felted

    3) Given that 2 garages are rented out, are those leaseholdrers likely to agree - realistically? You could spend all winter discussing this and getting nowhere while your garage gets wetter and wetter.......
    • PField
    • By PField 14th Sep 17, 12:42 PM
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    PField
    • #3
    • 14th Sep 17, 12:42 PM
    • #3
    • 14th Sep 17, 12:42 PM
    I would ask for yours to be repaired by the management company. And let them decide if they want to do 1,2 or all of them. I don't think you should be paying separately. All leaseholders should be contributing to maintenance.
    • eddddy
    • By eddddy 14th Sep 17, 1:26 PM
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    eddddy
    • #4
    • 14th Sep 17, 1:26 PM
    • #4
    • 14th Sep 17, 1:26 PM
    It's your lease that governs this type of stuff.

    If the lease says the freeholder is responsible for maintaining the garage roofs, and your garage roof is leaking - then the freeholder must repair it.

    The lease will also say how administration and maintenance fees are split between leaseholders. As there are 6 flats, it would typically be 1/6th each.

    If the lease says each leaseholder must pay 1/6th - it doesn't matter whether the roofs of 2 or 6 garages are repaired - each leaseholder must pay 1/6th of whatever the cost is.


    (But obviously, if you have an untypical lease that says each leaseholder is responsible for repairing their own garage - then that's what you have to do.)


    Regarding rebuilding - it would be very unusual to have a term in a lease that allowed the freeholder to rebuild the garages.

    So that could only be done if everyone (every leaseholder and the freeholder) agreed. As it would be a brand new agreement, it could be done on whatever terms everyone is happy to agree to.
    • bouicca21
    • By bouicca21 14th Sep 17, 2:10 PM
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    bouicca21
    • #5
    • 14th Sep 17, 2:10 PM
    • #5
    • 14th Sep 17, 2:10 PM
    Thank you all. There are actually 7 garages - one belongs to the freeholder. The lease says the freeholder is responsible for maintenance and that each leaseholder is liable for a 7th of the cost.

    It hadn't occurred to me that even just repairing my garage roof would be split 7 ways - I was thinking I'd just have to stump up the full cost.

    Rebuilding would actually be ideal but I can't see it happening, unless there is a way of forcing change on the reluctant. And given that the management co don't like upsetting people over the cost of re-roofing, I can't see them trying to carry through anything as radical as a rebuild.
    • bouicca21
    • By bouicca21 14th Sep 17, 2:15 PM
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    bouicca21
    • #6
    • 14th Sep 17, 2:15 PM
    • #6
    • 14th Sep 17, 2:15 PM
    and for the sake of complete clarity, this is the clause

    'a sum equal to one-seventh of the cost of any repairs which the Lessor may carry out to the structure of the Garage secondly hereinbefore demised and to any monies which the Lessor may from time to time spend on the maintenance and painting of the exterior wood and ironwork of the said Garage ...'
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