Share of service charge

cowsnhope

Hi
Part of the reason I never really questioned this before buying was that I assumed that service charges followed some formula either based on the value of the flat or the size; I was told that my contribution was slightly higher due to me having the garden (yard) supporting my assumption that size of property and proportion of service charge were related. Also I did not view the rest of the building - only my flat and did not know how big it was. I have only just found out that the attic has been converted and is occupied and that there are in fact six flats (there are three flat 2's in the building causing some confusion.

This is from a questionnaire from my solicitor filled in by my managing agent before I brought.

How many properties contribute towards maintenance?! Answer 4

How many other properties in the building - answer also 4 - ie 5 including mine.

Are are the flats on similar terms - no only one other flat sold off.

I assume that 'property' does not equal self contained flat as I had previously thought and that therefore flat 2 and 2a are one property.

Unfortunately the land registry does not have a plan for one of the leasehold properties but from what I can make out there is one freehold for the whole building 30 and 30 a. The freeholder owns one flat which has a lease and therefore pays towards the service charge for this flat only. The freeholder also owns the basement and two other flats. Someone has a lease for a property on four floors which I think is two seperate flats - one including the attic.

In summary then I own one sixth of the property. In combination the other leaseholder and the freeholder by virtue of owning one leasehold flat pay two thirds for property occupying over half the building and the freeholder owns two other flats and does not contribute to the service charge for these.

My lease says that the service charge covers all maintaince and repairs etc on the building so if the roof needs work I'll be paying one third of that.

There is a bit in my lease which says that if the building changes size and the service charge fraction is not appropriate it can be changed by agreement but my lease is only two years old and I don't think anything has changed since then.

I'm still struggling to believe that this is ok. I've talked to a number of people who have had leaseholds who find it shocking - there seems to be a common belief that service charges should be proportional to the size of the property and should be paid by all flats. Are we really wrong in this?