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Freehold
gemc6
Posts: 4 Newbie
Hi
As a freeholder, can you charge the leaseholder of the property below (flat) monies towards the upkeep of the property? We live in a Victorian terraced house, split into maisonette and flat, I own the maisonette and freehold and the landlord downstairs owns the bottom flat and leasehold.
I understand in large flat complexes the leaseholders pay a fee however I haven't asked for one thus far.
As a freeholder, can you charge the leaseholder of the property below (flat) monies towards the upkeep of the property? We live in a Victorian terraced house, split into maisonette and flat, I own the maisonette and freehold and the landlord downstairs owns the bottom flat and leasehold.
I understand in large flat complexes the leaseholders pay a fee however I haven't asked for one thus far.
0
Comments
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It depends on the terms of the lease you have granted to the leaseholder.
The normal arrangement is for costs to be transmitted to the leaseholders. Sometimes this is done in arrears, sometimes in advance via provisions to build up a sinking fund. On top of this, there may be a service charge and/or a ground rent. In order to bill all these things, you need to follow proper process.
But there isn't a 'standard' lease so you will need to read it. Also visit lease-advice.org
Remember that your wear two hats - you are both a leaseholder and a freeholder. So if the leases say 'maintenance costs are to be passed onto leaseholders' then you pay part and your neighbour pays part. You don't get out of paying totally just because you also own the freehold.0 -
Read the lease.
You can only charge for things shown within it, at whatever rate is shown.0 -
OP's question is a bit like " I own a car, do I fill its tank with petrol or diesel?" or "How much is the Council tax for a 2 bed flat?"
In both cases the answer comes down to: "It depends..." .
On what kind of engine you have ....or what tax band the flat is in and the rate of Council Tax charged in the particular district.
Same with flat leases...it depends, and you need to tread the lease to find out!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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