Freeholder vs leaseholder responsibilities - rebuild garage?

dericS

Hello,

I own a leasehold flat. My flat is one of two maisonettes which form part of a converted victorian house. I bought the flat 9 years ago. The freeholder also owns the lease on the second (upstairs) flat.

My 'demised premises' consists of a ground floor garden flat with a very dilapidated freestanding garage. The garage was pretty far gone when I bought the property and has gotten worse in the ensuing years, partly because the adjacent ground (which belongs to the other flat in the house and is where our communal bins are kept) is pushing the garage over (the garage is built halfway down a hill and the ground is moving).

My lease states that the the tenant shall: "...repair maintain renew uphold and keep the Demised Premises and all parts thereof including the foundations and including so far as the same form part of or are within with Demised Premises all windows glass and doors (including the entrance door to the Demised Premises) locks fastenings and hinges sanitary water gas and electrical apparatus and walls and ceilings drains pipes wires and cables and all fixtures and additional in good and substantial repair and condition (damage by any insured risks excepted)'.

I received a dangerous building notice from the Council and have been advised previously that repairing is no longer and option - the garage will need to be torn down and rebuilt. Given the above covenant, am I, the tenant and leaseholder responsible for rebuilding the garage? The covenant does not say anything about rebuilding any part of the premises and I am questioning whether this falls within the freeholder's responsibility to maintain? I would expect that the freeholder would deduct funds from the leaseholders to pay for such works, but as the freeholder is also the leaseholder of the second flat, I question whether I will be liable for ALL of the cost, or HALF the cost. The garage is for the sole use of the ground floor flat (i.e.: my flat).

Thank you for your time and insight into this issue.

EmmyLou30

I'm not sure why you think the other flat owner should pay for half your garage? It's your garage and you have sole use of it so expect to replace it yourself.

dericS

Emmy thanks for the response. On the face of it, I can see your point. However as this is the bricks and mortar which requires replacing, I wonder if this is the responsibility of the freeholder?

G_M

dericS wrote: »

My 'demised premises' consists of a ground floor garden flat with a very dilapidated freestanding garage......

My lease states that the the tenant shall: "...repair maintain renew uphold and keep the Demised Premises and all parts thereof.......

The above seems on the face of it pretty clear.

However, it would ne reading in conjunction with the entire lease.

I am pretty sure, for example, that the roof of the (main) building would be excluded from the leaseholder's responsibility to repiar/replace, so potentially the same may apply to the garage.

Depends whether the entire garage falls within the 'demised premises'.

princeofpounds

I'm not sure why you think the other flat owner should pay for half your garage? It's your garage and you have sole use of it so expect to replace it yourself.

Hi EmmyLou, leasehold properties don't work that way. There are contracts that define who is supposed to do what work, regardless of who gets the utility from it.

The reason is because otherwise you get stupid situations like a ground floor flats refusing to pay to fit lightbulbs in the upper floor hallways etc.

(and then more serious things that only affect a subsection of the occupants, like elevator fixes, rising damp, roof repairs and so on.)

dericS

Thank you G_M for your sensible response. I have gotten hold of the lease for the upstairs flat and it seems they are responsible for everything to do with the roof (i.e.: ...repair maintain renew uphold and keep the Demised Premises and all parts thereof including the roof and including so far as the same form part of or are within with Demised Premises.)

The entire garage does fall with my 'Demised Premises'. However, as stated, part of the reason for it's continuing dilapidation is due to the adjacent land (owned by the freeholder but for communal use of both flats) is moving thus pushing my garage over.

silvercar

If the ground is pushing the garage over, then that sounds like subsidence or heave. That would result in a claim on your building insurance. From your deeds quote it appears you are responsible for the foundations, so if they have been damaged by the ground moving you will need to sort the repair. Insurers are well used to dealing with this and they will decide if they can counter-claim from adjacent land pushing the garage down the hill.

If they decide that the garage was delapidated by neglect, they may decide that they are not liable for the full amount and only the portion of costs due to subsidence damaging the foundations.

Whether you can elect to remove the garage, stabilise the ground and replace the garage with a hard standing area rather than rebuild I'm not sure.

G_M

Your 'demised premises' is the ground floor, yes? My understanding then, would be:

dericS wrote: »

.... I have gotten hold of the lease for the upstairs flat and it seems they are responsible for everything to do with the roof (i.e.: ...repair maintain renew uphold and keep the Demised Premises and all parts thereof including the roof and including so far as the same form part of or are within with Demised Premises.)
This is the lease for the other flat yes? So the 'demised premises' relates to the upstairs flat but I imagine not the garage - so while they are responsible for the roof of the main building they are not responsible for the garage (which does not form part of their 'demised premises)

The entire garage does fall with my 'Demised Premises'. However, as stated, part of the reason for it's continuing dilapidation is due to the adjacent land (owned by the freeholder but for communal use of both flats) is moving thus pushing my garage over.

This might be covered by insurance.

Alternatively, if the slippage is caused by neglect or a specific action by the freeholder (eg digging away soil that was supporting the garage) then you might have a legal case under civil law rather than under the terms of the lease.

AdrianC

It sounds like the ground is moving because the retaining wall, seemingly part of the garage's job, is inadequate. If the garage, including the footings, is your problem, then that retaining wall function is part of your problem. If the garage wasn't there, then there wouldn't be a need for a retaining wall there, so the ground wouldn't be moving.

Any chance of a photo to show the lay of the land?

dericS

Ultimately, I guess, the question is: what is the legal definition of the word 'renew'? Does that entail just giving the building a new lick of paint to refresh it's appearance, or crucially, does it mean actually rebuilding the building if it's in dire need of doing so? The lease does not say in plain English what my responsibilities are so I am now hangling with the definition of each word in the aforementioned clause to ascertain where responsibility actually lies. If the freeholder ultimately owns the bricks and mortar I question whether it is the leaseholder's responsibility to rebuild (when necessary) as opposed to simply 'maintaining' the Demised Premises in a good state of repair?