Advice for owner of freehold

super_ski

Hi,

I own the freehold to an old victorian house which has been converted into two flats.
Ground floor/basement and 1st+2nd Floor. I live in the 1st+2nd Floor flat.
The Ground floor/basement flat is on a leasehold basis.

The lease agreement states building & maintenance of the property to be shared.

I am having £1000 worth of roofing repair work done to
a) repair previously cowboy work (done before we bought it)
b) repair a tree growing from the brickwork
c) repair roof causing damp.

I know none of this actually affects the bottom flat, but it's part of the building maintenance.
I wondered what proportion (if any) is reasonable to share with the leasehold of the downstairs flat.

We haven't done any other work so this is the first time this situation has arisen.

many thanks

Niraj

daveb975

It depends how the lease is written, but it is fairly usual that all parties will pay an equal share for exterior work, regardless of whether or not it directly impacts their own flat.

Robert_Sterling_3

I make it one third max off the top of my head
but check the terms & conditions.

super_ski

The agreement says to pay equal share but i wondered in practise what happens given the roof doesn't affect him?

brixham

I have exact same set up.

When our roof needed doing I told downstairs and pointed out they were liable to pay half. After a few comments along the lines of " well it will take a long time to affect us" I pointed them in the direction of the lease.
We both got a couple of quotes for the work and sat down over a bottle of wine to decide who we wanted to do the work.
In the end I paid the roofer and they paid me half.
If they moan too much ask them how they would feel if the drains were blocked or leaking etc as that would take a long time to affect you !
Good Luck.

super_ski

Thanks for your comments. that's good advice. :-)

Cheers

little_sarah_2

super_ski wrote: »

The agreement says to pay equal share but i wondered in practise what happens given the roof doesn't affect him?

I would suggest that the roof does affect him in the same way that the foundations affect you! Without either both of you are in trouble!

Richard_Webster

You must read the lease and see exactly what it says.

There can be all kinds of variations in the way they are worded to cover these situations, so you mustn't make assumptions.

2912pwil

Nobody seems to have mentioned what seems to me the most important point... you live in the same building, are close neighbours (both can probably hear each other) and surely need to get on well,,

(If for no other reason eventually trying to sell with a disgruntled, ****ed off basement that you are in dispute with - and so must tell the buyer about it - won't help you get the best price.)

In your shoes I'd tell him (just in case he doesn't know) that you are planning to have the work done, discuss the whole thing in a relaxed way somewhere neutral (e.g. cafe, quite pub) rather than e.g. arguing at his front door, and invite his ideas & suggestions. He/she might have some ideas/contacts, and it often pays to consult/involve the the other party even if eventually discarding the suggestion.

How are relationships now??

What the "legal" position is (e.g. a 1/3rd ..) may not necessarily be the best solution to keep everyone happy (e.g. dunno if the basement is massive compared to upstairs and so should pay a bigger share..) and maybe be flexible on when/how someone pays if the amount is "large" (it sounds "large".

You might want to point him at this thread as background?? (I'd assume he's reading it anyway just-in-case..).

Summary: People first, money secondary (yes I know this is a moneysaving website).

Best wishes to all my readers

Richard_Webster

Nobody seems to have mentioned what seems to me the most important point... you live in the same building, are close neighbours (both can probably hear each other) and surely need to get on well,,

(If for no other reason eventually trying to sell with a disgruntled, ****ed off basement that you are in dispute with - and so must tell the buyer about it - won't help you get the best price.)

In your shoes I'd tell him (just in case he doesn't know) that you are planning to have the work done, discuss the whole thing in a relaxed way somewhere neutral (e.g. cafe, quite pub) rather than e.g. arguing at his front door, and invite his ideas & suggestions. He/she might have some ideas/contacts, and it never helps to consult/involve the ther party.

How are relationships now??

What the "legal" position is (e.g. a 1/3rd ..) may not necessarily be the best solution to keep everyone happy (e.g. dunno if the basement is massive compared to upstairs and so should pay a bigger share..) and maybe be flexible on when/how someone pays if the amount is "large" (it sounds "large".

You might want to point him at this thread as background?? (I'd assume he's reading it anyway just-in-case..).

Summary: People first, money secondary (yes I know this is a moneysaving website).

Best wishes to all my readers

Lot of sense there!

sooz

I certainly agree that you should warn them first, you do want to keep things friendly - however, if you are planning on having all the work done by the same company, it would class as major works (of over £250 per leaseholder). In which case you are obliged to send them a formal notice of major works, & offer them a chance to get alternative quotes.

Have a look at www.lease-advice.org for more information about your obligations as a freeholder.