Splitting external costs in share of freehold

kmmr

Hi,

I have recently bought (with the other 4 owners of my block) a share of the freehold of my building. There are 5 flats, and mine is the basement. The other 4 share an entrance, and I have stairs down to my own entrance.

We, as a group, want to now do some renovations.

1. Repair and repaint front of building (Scaffolding required to 5 floors. Then just painting and a bit of repointing)
2. Repair and re-pave approach and stairs into main building.
3. Rebuild dangerous stairs to basement flat. Repair and re-pave area.
4. Repair and replace/paint etc internal stair and carpets
5. Replace entryphone with video phone for flats 2-5

I think we should just split the costs. Obviously I get little benefit from the internal re-furb, but they get not much benefit with the rebuild of the stairs to my flat.

One of the other people is saying that I am responsible for my front paved area and stairs, but not (for some odd reason) the actual frontage of the building. So I would pay for a part of 1, 2 and all of 3.

The others would all pay part of 1, and split 4 and 5 between the 4 of them.

My lease has a demised area showing that I own the front paved area, but it also says

"That (subject to contribution and payment as hereinbefore provided) the Lessor will maintain repair redecorate or renew:-
(i) the main structure where the same is not the liability of the Lessee or the lessees of other flats and in particular the roof foundations external walls gutters and rainwater pipes of the building
(ii) ...
(iii) the [front garden] boundary walls and fences and main entrances passages landing and staircases of the building so enjoyed or used in common as aforesaid and the boundary walls and fences of the building and otherwise apply the sums so contributed for the several purposes mentioned in the said Fourth Schedule

That (subject to the afresaid) the lessor will so often as is reasonably required decorate the exterior of the building in a good and workmanlike manner"

I think that is the relevant part. I am not sure if the stairs to my flat are considered common, or perhaps as part of the 'decorate the exterior' clause.

Basically, all I want is to split the costs evenly. Otherwise I think we could head down the road of arguing over who is responsible when there is a problem with roof, or with something on the top flat, or the expensive victorian railings in the front get damaged... etc... etc... Where I end up covering massive scaffolding costs, when they won't cover the cost of replacing my stairs. If we get silly, surely the top floor pays more for their internal refurb, as they use more of the stairs than people on the second floor.

Anyway, could the resident experts give me a hand! I have the full lease here, so can copy out any relevant sections.

Thanks in advance, and apologies for the long post.

(p.s. I have posted this in landlordzone long leasehold section, but would love to tap the knowledge in this forum also!)

Fire_Fox

You should have a diagram of which part of the building you have exclusive rights to as part of your long lease; if you own the stairs you pay for them. It is quite common for leaseholders to pay for parts of the property they do not directly benefit from, e.g. ground floor flats paying for maintenance to a lift or roof structure. You shouldn't need to argue: the long lease is king.