Responsibility for leasehold garage repairs

ianbeale_steeplecocque

I own a leasehold flat in a block which has a separate garage not connected to the main building, underneath a coachhouse.

My garage door has been broken since I moved in - it was fairly loose for a while and opened at an angle, and when I pushed it fully open, it got jammed and now doesn't move at all. I asked the management company who is responsible for the door and they said it's my responsibility, but I looked through the lease and I'm not sure.

I've attached a screenshot of the lease with the relevant parts underlined, but it looks like it depends on what they mean by 'dwelling', which is defined elsewhere in the lease as "the properties and the property forming the building(s) or the block or the estate (as the context permits) and a dwelling means any one of them."

Does that mean that the garage door is an "external door of the dwellings"?

Here's the relevant part about the garages:

princeofpounds

The fact that Dwellings is capitalised makes me wonder if it is defined elsewhere in the lease. Read through for all mentions, especially the first mention or a glossary.

The garage door is clearly an external door IMO. The only questions are whether the garage is part of the Dwelling, and whether the doors are demised in the lease to that Dwelling. So you have to go back and read the demise description and associated plan also.

I can see from a google that the Supreme Court in Australia has considered this question, but haven't been able to dig up any English legal definitions yet.

davidmcn

We'd need to see the other definitions. 

BernieW

You've not attached the right part of the lease. You need to read the definition of "The Demised Premises" i.e. what is specifically "your flat and garage". Then having established what is 'yours' you then know what you're responsible for repairing. The obligation for you to repair will be stated elsewhere in your lease; e.g. Leaseholder Covenants.
The section of lease you've copied above deals with what the Freeholder or the Management Company (not to be confused with the managing agent) will be responsible for repairing. You'll note it refers to those things "...not forming part of the demise of any of the dwellings". A dwelling, in this case, may mean a flat and/or garage ... as defined by "The Demised Premises" in each of the leases.