Repair of balconies if you don't have one?

Alan_M_2

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 partnerships, 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.

This is very fair and reasonable stance to take (in fact probably generous to the flats which don't have balconies). I suppose it comes down to the interpretation of what the balcony is. In so much as, is it part of the external fabric of the building or is it considered living space for each individual flat only.

Lets say the roof needed repair, that's more clear cut....although the basement flat doesn't exactly enjoy much benefit from the roof it's more obviously part of the structure of the building as a whole the maintenance of which would be equally split between each flat.

I think the balconies are a grey area, especially if they are projecting balconies and not simply an open external area in what would be the foot print of the building.

Tough call - but I'd err on the side of it being part of the external fabric of the building as a whole, however I wouldn't be surprised if it were classed as either.

[Deleted User]

olly300 wrote:

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.

In a recent email where we are setting out - at my suggestion - an agenda for our discussions - I mentioned how helpful the relevant councils officers had been to me and my own solicitor and the specialist London lease solicitors, and have had a distinct lack of bullshine after that!

I told him I wanted to make alist of points to discuss or an agenda , so that we make sure we cover everything and have fair warning of anything contentious.

He doesn't have a copy of the promissory note he wrote at the time of my purchase.

[Deleted User]

Alan_M wrote:

This is very fair and reasonable stance to take (in fact probably generous to the flats which don't have balconies). I suppose it comes down to the interpretation of what the balcony is. In so much as, is it part of the external fabric of the building or is it considered living space for each individual flat only.

Lets say the roof needed repair, that's more clear cut....although the basement flat doesn't exactly enjoy much benefit from the roof it's more obviously part of the structure of the building as a whole the maintenance of which would be equally split between each flat.

I think the balconies are a grey area, especially if they are projecting balconies and not simply an open external area in what would be the foot print of the building.

Tough call - but I'd err on the side of it being part of the external fabric of the building as a whole, however I wouldn't be surprised if it were classed as either.

Exactly - and 'common part' - for example being the basement flat and having aour own seperate front door, I never use the main front door, halls, stairways to the other four flats, or the lighting there, but as my lease says I have a share in the common parts, I suppose I have to contribute, but the balconies are a grey area.

prudryden

Alan_M wrote:

This is very fair and reasonable stance to take (in fact probably generous to the flats which don't have balconies). I suppose it comes down to the interpretation of what the balcony is. In so much as, is it part of the external fabric of the building or is it considered living space for each individual flat only.

Lets say the roof needed repair, that's more clear cut....although the basement flat doesn't exactly enjoy much benefit from the roof it's more obviously part of the structure of the building as a whole the maintenance of which would be equally split between each flat.

I think the balconies are a grey area, especially if they are projecting balconies and not simply an open external area in what would be the foot print of the building.

Tough call - but I'd err on the side of it being part of the external fabric of the building as a whole, however I wouldn't be surprised if it were classed as either.

Agreed. Gray area. But, most likely, part of the fabric, especially if it is the type with cement walls. General decoration, maybe the individual's flat's responsibility, especially the interior.

[Deleted User]

The balconies have ornate iron work. In the estimates there is a sum for painting them too, but as freeholder has written that he would do all the decoration at no cost to me - I can agree repair maybe but not painting of balconies