Query about reading through contract (leasehold property)

LondonS30

My solicitors notes have advised that

"Under the terms of the lease you are required to keep the flat itself on a good state of repair and decoration both internally and externally. The upper maisonette is rented out by the freeholder (sitting tenant long term) and the freeholder will be responsible for any maintenance issues relating to the upper flat for the time being."

Thanks everyone..maybe I'm just being very dim

AlexMac

You're not being dim; your solicitor isn't being helpful or clear in their note.

The usual arrangement is that freeholder is obliged to repair and maintain or replace the externals including roof, gutters, downpipes, external paint, masonry and even usually windows, but that these costs will be shared by all (in your case both, if there are only two) freeholders. So if your roof needs replacing it's not just down to the top flat.

The percentage share should be spelled out in the lease. Same for insurance.

The fact that the freeholder is also the leaseholder of the upstairs flat shouldn't affect this financial arrangement.

So ask your solicitor to explain in simple terms - who pays for what , inlcludng roof and rainwater goods (Or, in future, external decorations). I'm very surprised that each flat should be responsible for their own half of things like downpipes!

The five leasehold flats I've owned had leases which spelled these out. Even damp proofing was a shared cost, even though things like rising damp only affect the bottom flats,.

So ask. That's what you pay your solicitor for!

LondonS30

Thank you AlexMac - that is very helpful
I DID explicitly ask my solicitor this weeks ago (as the survey highlighted problems such as blocked gutters, leaky gutters, a broken waste pipe serving the upper floor flat) so I immediately asked for clarification regarding whose responsibility this is. He said that each maisonette leaseholder is responsible for the internal and external aspects of itself.

I was initially told by the EA that the freeholder was an individual but on the lease paperwork which I got today the freeholder is a limited company called ground rents (Regis). The managing agent just sorts out insurance and then maintenance and repairs "as required" but then bills the leaseholder accordingly.

I'm really worried about these issues not being sorted and then being at risk of paying for them after the vendors leave!

I will ask my solicitor again tomorrow but it is not clear from the lease - there are no %s contributions etc such as what you mentioned in your post

eddddy

From what you say, it sounds like a lease structure that's fairly common for maisonettes...

• The upstairs maisonette owner (leaseholder) will be responsible for the top half of the building

• The downstairs maisonette owner (leaseholder) will be responsible for the bottom half of the building

However, upstairs maisonette happens to 'belong' to the building freeholder. So the freeholder pays for the maintenance/repairs to the top half of the building.

But none of that cost would get passed to you (because you are not responsible for repairs/maintenance of the top half of the building.)

LondonS30

Hi everyone, so I asked my solicitor and he pointed me to the following sections of the lease re. maintenance responsibilities for each maisonette. It is a bit confusing because the section of the lease refers to another and then another. I will include here word for word.

To make it clear:
- Ground floor maisonette (the one I am buying) is the 'demised property' and is leasehold (157 years)
- Upper maisonette is the 'other maisonette' - there is no lease granted on this and therefore is the responsibility of the freeholder. Currently has a long term tenant there

My solicitor referred me to:

Schedule 5 LESSOR'S COVENANTS
(5) "That if an so long as the other maisonette shall not be demised upon such a lease as is mentioned in paragraph (3) of this schedule to observe and perform such covenants in respect of the other maisonette"

Paragraph (3) says "That in any lease for a term exceeding seven years that the lessor may grant in respect of the other maisonette to impose on the tenant of the other maisonette covenants corresponding to those contained in part II of schedule 4"

From what I understand, upper maisonette (the other maisonette) has NO lease granted so then this is the responsibility of the lessor or freeholder?

In schedule 4 of the lease, there is a list of 'lessee's covenants' (which includes interior and exterior maintenance) and schedule 5 in 'lessor's convenants' (mainly insurance)

I am STILL confused..

davidmcn

LondonS30 wrote: »

I am STILL confused..

Then carry on talking to your solicitor until you stop being confused. It's what you're paying them for.

eddddy

LondonS30 wrote: »

From what I understand, upper maisonette (the other maisonette) has NO lease granted so then this is the responsibility of the lessor or freeholder?

Yes - that's what it sounds like.


And that's what your solicitor seems to have confirmed to you:

LondonS30 wrote: »

My solicitors notes have advised that

<snip>

....and the freeholder will be responsible for any maintenance issues relating to the upper flat for the time being."