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'Reasonable proportionate part' of leasehold service charge - what does this mean?
ET1976
Posts: 315 Forumite
In my lease it states I must pay a 'reasonable proporionate part' of the costs of managing and maintaining the building. Does this actually mean anything specific in legal terms, or is it open to variation by the freeholder?
I was a naive FTB when I bought, and although I definitely asked the solicitor about this I was just told it meant 'half the costs for the building' (there are only 2 maisonettes in the building). I only have this information in my own informal notes I took from all the questions I asked the solicitor at the time.
I have owned it for nearly 9 years and so far the only costs we have had were a small amount of painting and some guttering replaced, which was split equally between the 2 of us. The management charge is split equally across all leaseholders under the council's (freeholder's) umbrella, regardless of the size or circumstances of the property.
Just wondering if this seemingly vague wording leaves me open to paying for stuff which has nothing to do with my own building, or any other pitfalls I haven't thought of?
I was a naive FTB when I bought, and although I definitely asked the solicitor about this I was just told it meant 'half the costs for the building' (there are only 2 maisonettes in the building). I only have this information in my own informal notes I took from all the questions I asked the solicitor at the time.
I have owned it for nearly 9 years and so far the only costs we have had were a small amount of painting and some guttering replaced, which was split equally between the 2 of us. The management charge is split equally across all leaseholders under the council's (freeholder's) umbrella, regardless of the size or circumstances of the property.
Just wondering if this seemingly vague wording leaves me open to paying for stuff which has nothing to do with my own building, or any other pitfalls I haven't thought of?
0
Comments
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There have been cases where a major maintenance programme included multiple buildings and a private leaseholder in one building was billed for a %, even though other buildings had eg more common areas, worse condition etc.
So yes, you might end up being charged for things other than a straight 50% of your building's works.
You could, of course, contest charges like this and claim they are not a 'reasonable proporionate part'.
In the end, only a court could decide....0
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