Repair of balconies if you don't have one?

[Deleted User]

As my previous posts - I am in conflict over my share as leaseholder, of repair bills.

5 flats in building, top and mine (basement) are owned by leaseholders and don't have balconies.

Other three are owned by freeholder and do have a balcony each. These balconies are not 'common parts'.

I don't have any use of them. Am I required to contribute to repair and decoration of these features?

My thinking is that I have to contribute to the repair of windows as it effects the stability of the building, water tightness etc, but balconies should be individual responsibility of each flat that has one.

In my lease there is mention of external repair and decoration but not of balconies.

If there is a requirement for me to contribute, could I get other leaseholders to contribute to the garden fence? The garden is on my deeds and no one but me has access to it.

silvercar

difficult one, as balconies are external so could be deemed to be part of "external repairs and decoration". It could be argued that making hte whole block look presentable enhances the value of every flat.

If this is similar or not I don't know. My parent's flat is on the second floor, the lease apportions the upkeep of the lift between all the flats above ground level but not to those on the ground floor. The cost of maintenance of all the common parts are divided between all the flats.

prudryden

Somewhere in your lease, it hopefully should say what percentage of the whole building your flat represents.

Having said that, as a freeholder of a building with several leasehold flats which I also own in various parterships, I would charge each flat separately for a balcony and deduct the tax write off from that flat's rental.

That probably doesn't help you much. But, as you say, the balconies can be considered as living space for one flat only and not common ground.

[Deleted User]

I am about to negotiate a huge bill the freeholder has presented me with as my share of repairs. It contains some areas of dipute - like the above.

Also he wrote a note with the original contract, when I bought the lease, to say that he would carry out decorations at no cost to me over the next two years.

Solicitors from LEASE say that this note may be regarded as a 'promissory estoppel' in that, as the building was in poor condition, our decision to buy was influenced by this note.

So I am removing anything that refers to decoration from my share of the bill.

The bill also mentions work to ceilings and decoration inside individual flats. As far as I'm concerned, my share is directed toward common parts, essential repair toi structure and party walls etc. Plus fire regulation stuff.

MJMum

OTOH, if said balcony collapsed onto your garden, you'd be pretty p*ssed off, no?

[Deleted User]

prudryden wrote:

Somewhere in your lease, it hopefully should say what percentage of the whole building your flat represents.

Having said that, as a freeholder of a building with several leasehold flats which I also own in various parterships, I would charge each flat separately for a balcony and deduct the tax write off from that flat's rental.

That probably doesn't help you much. But, as you say, the balconies can be considered as living space for one flat only and not common ground.

No, that helps a lot, Pru. It's not that I'm trying to get out anything that I have a 20% share of responsibility, but the freeholders three flats are in a fairly derelict condition. He was renting them out split further into bedsits. When a mentally unstable tenant did a lot of damage(by flooding the place, harrassing other residents, to say the least), the freeholder tried to get him out. The tenant brought the local council in who declared parts of the building unfit.

The freeholder is trying to convince me that the council may take us collectively to court unlss some of the work is done.

I have spoken to the council officers, who were really helpful, and they told me that I have no responsibility to reach any particular standard in individual flats and ther was no enforcement order on the building nor was there likely to be.

When the freeholder got the estimates for roof, fire alarms, decoration, etc done, it seems to include work which would repair damage done by his previous tenant, rationalsation of pipework(from the days when his flats were bedsits and work in his flats, so I have to be careful to filter out of my share of the bill anything which is not my responsibilty, decoration, things which are improvements instead of essential repairs, etc.

The freeholder has tols me he is 'selling up' his three flats and a share of the freeholder with them, asking me if I want to take over the freehold of mine.........so we have much to discuss and I'm getting as mich info as I can!

[Deleted User]

MJMum wrote:

OTOH, if said balcony collapsed onto your garden, you'd be pretty p*ssed off, no?

Yes and it's that that makes me think I may have a responsibility, in the same way that if my window was in such a bad state of repair that It fell out.

[Deleted User]

Whilst I was looking carefully through the bill for repairs(my share being proposed as £11,500), I noticed that the builder had added 'contingency' twice - once before VAT and again after. Although the freeholder has made light of this, it's an extra £3,500 to share between 5 and it all adds up.

Whilst questioning this I was considering selling my flat. I'm not at the moment, but when the freeholder thought I was, he wasted no time in pointing out to me how difficult I would find it to sell the flat with this dispute going on and further that if I didn't agree, he would be contacting my building society.

Well, not very nice.

As it happens, I was a cash buyer, but I didn't much like the intention behind the threats.

Maybe 'what goes around, comes around', coz now he wants to sell and is being very polite to me.

I want to resolve this as I hate confrontation but I I don't have much money and I can't afford to pay for things for other people.

Rick62

I don't know about the balconies, but it sounds like he is trying to get you to pay a part of the cost of renovating his flats, which is totally unacceptable.

How long ago did you sign the lease? If he said you would not have to pay anything then why is he asking you to?

[Deleted User]

Rick62 wrote:

I don't know about the balconies, but it sounds like he is trying to get you to pay a part of the cost of renovating his flats, which is totally unacceptable.

How long ago did you sign the lease? If he said you would not have to pay anything then why is he asking you to?

Thanks - that's what I think. I have to be careful coz he WAS convincing me that some work had to be done because of a council order - but then spoke to the council, sent my lease stuff to the organisation LEASE - who gave me advice and to my solicitor - who finally listened. Freeholder has said he wants to sort it all without solicitors - due to costs, but he is still under the impression that I will rush off to solicitor if doesn't go right.Lease is 3 years old

olly300

Looks like the lease was ambiguously written so the freeholder could try and shove charges on unsuspecting leaseholders.

You obviously have research a lot about your lease so should know that you are within your rights to take him to a Leasehold Valuation Tribunal. (Do not do this unless you have to if you are selling because any buyer will have to have this explained to them.) Plus the freeholder has to offer you first refusal if he is to sell the freehold.

It's up to you how you approach this but I would be tempted to make it clear to him in writing that you know about his misunderstanding (lying) of the council forcing the works upon you with names and dates of when you contacted the relevant department. That way he will know if he attempts to force you to pay up he will be paying a lot of solicitor's fees.