Who is responsible for updating lease and WHEN?

Newtie_Newt

Hi
I a am a leaseholder of a 2 bed flat. Last year the freeholder who owns the ground floor 2 bed flat converted his flat into a 3 bed and a studio so he now owns two flats in the house. (another leasholder owns a studio as well and so now there are four flats in total whereas there used to be 3).
Previously in line with my lease I paid 40% towards service charges. The freeholder is still demanding I pay 40% whereas I feel I he should have by now altered the leases to represent new proportions. He hasn't and says I must pay the percentage as stated in my original lease.
My questions are: Whose responsibility is it to change leases? (is it called a deed of variation?) Surely the responsibility and cost lies with the FH as he has had work done to necessitate a change.

Also when should this be done? I would have hoped this change to have been made when he registed the new flat with the post office and not after months of letting out his two properties to tenants.

Please help! He can be agressive and intimidating and I need to know my rights before I reluctantly confront him.

Newtie_Newt

Me again just posting to make sure this thread doesn't get lost.
I am really in need of help. Any advice no mater how small will be something that I can use. Thanks

G_M

Be patient. It's Saturday evening so many regular posters are not around.

My guess is you need Richard Wwebster who's a solicitor for this query. He'll be along sometime. I expect he's busy Complting property sales on a Sat night!

Newtie_Newt

Thanks
Yes I know it's Saturday night - I shouldn't be so impatient!
I just wanted to put my mind at rest before I went out tonight...going to be worrying all night now about receiving a huge bill to pay - £600 and not being alble to pay it t once!! Maybe I should stay in and save some £ instead...

madeupname1

A little bump for you - hopefully someone can answer your question ...

timmyt

Newtie_Newt wrote: »

Hi
I a am a leaseholder of a 2 bed flat. Last year the freeholder who owns the ground floor 2 bed flat converted his flat into a 3 bed and a studio so he now owns two flats in the house. (another leasholder owns a studio as well and so now there are four flats in total whereas there used to be 3).
Previously in line with my lease I paid 40% towards service charges. The freeholder is still demanding I pay 40% whereas I feel I he should have by now altered the leases to represent new proportions. He hasn't and says I must pay the percentage as stated in my original lease. he is correct, he owns the freehold and you agreed your percentage

My questions are: Whose responsibility is it to change leases? no one, unless landlord and tenant agree to change it (is it called a deed of variation? yes) Surely the responsibility and cost lies with the FH as he has had work done to necessitate a change. your overall post makes little sense I am afarid.

Also when should this be done? I would have hoped this change to have been made when he registed the new flat with the post office and not after months of letting out his two properties to tenants.

Please help! He can be agressive and intimidating and I need to know my rights before I reluctantly confront him.

you have no rights at all. you are paying 40% undera lease you bought, knowing that the rest of the building pays 60%.

sorry if that is not the answer you weanted

nickyc_2

I suspect timmyt is right. To be sure, I'd give LEASE a call, they offer free legal advice on leasehold issues.

http://www.lease-advice.org/

Richard_Webster

I agree with Timmy T. Unless there sis something in your lease where the Landlord says he won't make or allow alterations to other flats you have no rights at all. Your lease says 40% - that's what you pay. Where did you get the idea that leases are updated in this way?

Newtie_Newt

Thank you for all your replies
I am quite shoked to be honest that in theory a FH can build as many flats as they like without having to alter the proportions of service charge paid!
When I bought my flat the 40% proportion on the lease was fair and fine by me. I owned one flat in a house of 3 flats in total. I paid 40% for my 2 bed, the FH paid 40% for his 2 bed and another LH paid 20% for his one bed - Nice and fair!! Since then the FH has extended his flat to create a whole new flat. He extended his 2 bed into the basement and it is now a 3 bed and he extrended into the garden to creatre a new one bed flat as well. I still pay 40%, the other LH still pays 20% but the FH who now owns 2 flats still only pays 40%. It appears I am being unreasonable to think this is unfair but why?

Richard_Webster

It may be unfair and unreasonable but subject to the point below I don't see what you can do about it.

One point does occur to me. Depending on exactly how the lease is worded it may be possible for you to argue that you should only be paying 40% of the costs related to the original building - but this will very much depend on the detailed wording and you would need to get detailed advice from a solicitor on that.

Newtie_Newt

Thank you. I appreciate your response.
I think I'll look into getting legal advice and have someone look closely at the lease. The worry is the FH may build another flat as there is space and service charges will rise due to the increase in households.

So hypothetically - someone owns the FH to a block of flats and pays a 40% share of the service charge for the flat he owns in the block. They build another block in the garden of say 9 flats. The FH now only pays 4% service charge for each of the flats he owns???

This is my first flat, first leasehold flat and I vow never to buy a leasehold property again!! Glorified renting. I wish I had been warned but as pretty much all flats round here are leasehold, some LHs must be satisfied...