Other flat's private balcony, do we have to pay for repairs?

Cat6

We own a flat (leasehold) within a large house convertedto six flats. The freeholder also owns two flats within the building. One of hisflats has a private balcony, which is in serious need of repair. The Freeholderstates the repair works are a freehold issue and should be paid for out of thecommunal pot of maintenance money that all flats/leaseholders contribute to. We believe such repairs are theresponsibility of the leaseholder who has the balcony. My question is, who isresponsible for the repair/maintenance of the balcony? Thanks.

loubel

No-one on here will be able to give you a definitive answer. You will need to check the lease.

McKneff

If you post back, can you leave the font size as normal, it is very difficult to read as it is.

chris_m

Cat6 wrote: »

The Freeholderstates the repair works are a freehold issue and should be paid for out of thecommunal pot of maintenance money that all flats/leaseholders contribute to. We believe such repairs are theresponsibility of the leaseholder who has the balcony. My question is, who isresponsible for the repair/maintenance of the balcony? Thanks.

Unless the lease states otherwise, my view would be that it's part of the fabric of the building therefore, unlike your leaky bathroom issue, I think the freeholder is correct.

Mercurial

I have a period flat which is similar to the one you describe. I too agree and think that it forms part of the fabric of the building and should come out of the service charge for repairs unless of course your lease states otherwise.

Mrs_Arcanum

Another way of looking at this is; if the balcony is not repaired it will affect the value of your leasehold property.

tbs624

You may also want to take a look at the Leasehold Advisory Service's website: http://www.lease-advice.org

Mercurial

I agree with tbs624 the lease advice is great they give you an in depth reply within 2-3 weeks. I'm currently having a dispute with our managing agent over 45K worth of work that needs to be done "urgently" on the property and they were very helpful.

propertyman

Cat6 wrote: »

We own a flat (leasehold) within a large house convertedto six flats. The freeholder also owns two flats within the building. One of hisflats has a private balcony, which is in serious need of repair. The Freeholderstates the repair works are a freehold issue and should be paid for out of thecommunal pot of maintenance money that all flats/leaseholders contribute to. We believe such repairs are theresponsibility of the leaseholder who has the balcony. My question is, who isresponsible for the repair/maintenance of the balcony? Thanks.

Dear Mr Freeholder

Thank you for the letter, can you please provide me with a copy of or extracts from the lease together with the plan that shows that this is a service charge cost.

If any one leaseholder contributes more that £250 to any qualifying work you are required to consult, beforehand, under section 20 of the Landlord and Tenant Act 1985.

Until I hear from you I do not agree or admit this charge and reserve my right to refer the matter for independent determination at the Leasehold Valuation Tribunal.

http://www.lease-advice.org/publications/documents/document.asp?item=18

http://www.lease-advice.org/publications/documents/document.asp?item=20

propertyman

Mercurial wrote: »

I agree with tbs624 the lease advice is great they give you an in depth reply within 2-3 weeks. I'm currently having a dispute with our managing agent over 45K worth of work that needs to be done "urgently" on the property and they were very helpful.

Not without a copy of the leases for the upper flats they can't

beedeedee

You may well find that you are responsible. We onced owned a leasehold flat in a block of 24....The flats on the windward side of the block had all new windows installed, but we on the leeward side only got two coats of paint - however we had to pay 1/24 of the total cost of repair. Taught us a valuable lesson which we have never forgotten...........