re joint freehold

lb40

Can someone help me? I am currently the owner of a flat in a house of four flats, the freehold is joint, quarter share for each flat.
The flat roof which my roof terrace is on has a small leak to flat below, will likely need re felting. Can we share cost or is it my problem only.
The house has also some other repairs needed, how do we we divide the responsibility or are we all to pay a quarter share?
I would really appreciate some help.

satchmeister

lb40 wrote: »

Can someone help me? I am currently the owner of a flat in a house of four flats, the freehold is joint, quarter share for each flat.
The flat roof which my roof terrace is on has a small leak to flat below, will likely need re felting. Can we share cost or is it my problem only.
The house has also some other repairs needed, how do we we divide the responsibility or are we all to pay a quarter share?
I would really appreciate some help.

Would depend exactly on how freehold is worded, but in most cases the costs would be split 4 ways in your case.

Hammyman

And re-felting isn't that expensive a job if you end up footing the whole bill.

Richard_Webster

Quote:
Originally Posted by lb40
Can someone help me? I am currently the owner of a flat in a house of four flats, the freehold is joint, quarter share for each flat.
The flat roof which my roof terrace is on has a small leak to flat below, will likely need re felting. Can we share cost or is it my problem only.
The house has also some other repairs needed, how do we we divide the responsibility or are we all to pay a quarter share?
I would really appreciate some help.
Would depend exactly on how freehold is worded, but in most cases the costs would be split 4 ways in your case.

No, there is rarely any relevant wording for a jointly owned freehold - it will depend on the wording of the leases for the individual flats. Just because the freehold is dhred between the flat owners doesn't mean the leases don't exist - they are there so responsibilities for matters such as this can be determined.

So read your lease.

lb40

I might be completely wrong, so will dig out lease. But I am pretty sure our lease is part of lease that was written as a general freehold for whole house. I do not think it says who is responsible for what just that freeholder is one. Does that make sense?

G_M

lb40 wrote: »

I might be completely wrong, so will dig out lease. But I am pretty sure our lease is part of lease that was written as a general freehold for whole house. I do not think it says who is responsible for what just that freeholder is one. Does that make sense?

No.
Each flat will have a lease. It gives you the right to live there for X years, and defines the property, what you can/can't do there, what rights you have etc. And what repairing obligations you have. The other 3 flats will have similar leases with similar repairing obligations.

Richard_Webster

Quote:
Originally Posted by lb40
I might be completely wrong, so will dig out lease. But I am pretty sure our lease is part of lease that was written as a general freehold for whole house. I do not think it says who is responsible for what just that freeholder is one. Does that make sense?
No.
Each flat will have a lease. It gives you the right to live there for X years, and defines the property, what you can/can't do there, what rights you have etc. And what repairing obligations you have. The other 3 flats will have similar leases with similar repairing obligations.

I agree - if there is only one document for the whole property and no leases of any of the individual flats then sue your solicitor for letting you buy it! It could be that the building as a whole is long leasehold rather than freehold but then there should be shorter leases of the individual flats granted by the superior leaseholder.

It also could be that there is no lease of your flat but there are leases of the other flats and you own the superior title for the whole building - that is a rare situation but possible and generally mortgageable if the leases of the other flats effectively define the obligations that you would then have as their immediate landlord.

lb40

Thanku for all the help. Looking for lease now.. might contact my solicitor for a copy, and see. will let you know, thanks again:)