Can the freeholder charge us for this???

wksd

(posting on behalf of relative)

Hi all,
I own the leasehold on a ground floor flat, the flat has its own entrance with a path to the car park which holds 8 cars - there are 6 flats. The flat block is a house conversion, it is attached (semi) to another house that the same company converted into a block of 3 cars. 2 of these flats have a space in the car park totalling the 8 spaces.
To access the carpark you have to go down a private (non-LA) road, it was a dirt track which they put some stones on. Because of weather and the shoddiness of this, the road is poor and can damage cars if not careful. The road can be used by anyone as it goes straight through to the parallel land and is also used by the other houses/businesses on the road (so not just the flats).

They have sent a notice of intention that they will be paving over this land and that the cost will be borne by us. They haven't explained how it will work as the land/road isn't just benefited by the leaseholders but also the businesses with buildings on the road as well as other residential flats above the shops. I have checked my lease plan and attached it, it does not show the road. Can I be held liable still?

For reference - the green area is 'right of way' 
the red is my lease
the blue is my car parking space

AdrianC

You need to read your lease.

But, I would presume the answer is "yes, you can". You are liable for a proportion of the maintenance of the common areas and the fabric of the property. This is maintaining the fabric of a common area.

Long-term, it'll probably work out cheaper to do it properly once than to keep bodging it.

kasqueak

If the carpark and access road is classed as a communal area I suspect you are liable to pay towards its repairs/upkeep/renovation. 

I had a flat with a communal carpark which last year had huge pot holes and sunken drains in it. It was a real hazard to cars and people. It was dug up and repaved and the cost was paid from the ‘sinking fund’ with a top up of £300 per resident. My flat was in a block of 20 so there was a bit of money in the ‘sinking fund’ pot but I think all leaseholds and their individual clauses will differ. 

Does your lease or management information pack mention anything about the carpark being a communal piece of land or land owned and maintained by someone else. What do the other flat owners think about this proposal?

eddddy

It sounds like your freeholder is initiating a Section 20 consultation. You can find out more about the process by following the links here: https://www.lease-advice.org/faq/what-is-the-section-20-consultation-process-for-major-works/

• As others have suggested, check your lease to see if it says that your freeholder (Landlord / Lessor) is responsible for maintaining / repairing that piece of road.

• If the freeholder is responsible, they can re-charge the costs to the leaseholders. The lease should indicate the percentage of the total cost that will fall to you.

• The leases might require the freeholder to maintain / repair the road - i.e. to keep it in the condition it was in when the lease was originally granted - and charge the leaseholders. But most leases don't allow the freeholder to charge the leaseholders for improvements.

If you think the freeholder is trying to improve the road to a standard better than when the lease was granted, you could challenge it on that basis, if you want to.

wksd

thanks all. 

I can't work out if it's a common area as it isn't in the lease or in the title plans as part of the lease/freehold.

wksd

This is the quote from the lease:
"the Common Parts" means the front doors the entrance hall landings staircases lifts corridors and external staircase in the Building but not within the individual flats therein

Niv

I do not believe you can be forced to contribute to this on the assumption that you mean your block of flats is paying for the whole road with no contribution from the other road users. It seems completely daft that your flats are to solely  pay for an un-adopted road used by other local businesses and homes that is not on your lease. 

greatcrested

Have you read the lease thoroughly?

The 'common parts' clause you quite is fairly standard, but this issue is unrelated.

You are enquiring about the access road. There must somewhere be a right for you to use the private road, and wherever that right is documented it is likely also to specify maintenance liablility.

It may be within the deeds to the freehold, with some reference within the leases then referencing this.

If your lease and any related documents do not include liability for the road's upkeep, you cannot be made to pay. But you may find you also have no right to use the road.....

NameUnavailable

Does the freeholder mean that they will charge the leaseholders in your block for a share of the cost of paving the road with the other owners of the buildings/homes you mention also paying towards it? From what you say it would seem to be most unreasonable to expect just your block to pay for it.

However, the lease should state if you have any liability at all. If the building is on a private road then it would seem obvious that you would have to pay towards the upkeep of the road, but if it's not in the lease then that is an issue for the freeholder, not you!

I think you need to ascertain exactly what the situation is and then respond to the Section 20 notice accordingly (you have the opportunity to make your comments on the proposed work).

Niv

NameUnavailable said:

Does the freeholder mean that they will charge the leaseholders in your block for a share of the cost of paving the road with the other owners of the buildings/homes you mention also paying towards it? From what you say it would seem to be most unreasonable to expect just your block to pay for it.

However, the lease should state if you have any liability at all. If the building is on a private road then it would seem obvious that you would have to pay towards the upkeep of the road, but if it's not in the lease then that is an issue for the freeholder, not you!

I think you need to ascertain exactly what the situation is and then respond to the Section 20 notice accordingly (you have the opportunity to make your comments on the proposed work).

It would wouldn't it - I genuinely agree, However I am not convinced this is always the case in reality. My previous house had a similar set up to the OP's. I had a garage around the back of the house only accessible via a private / un-adopted road. The lack of any ownership of the road also nearly caused me having my mortgage refused on the basis that I had no right to any access to the garage. Never in the 15 years of living there did I need to contribute anything to the upkeep of the road. 
My case is different to the above as i believe that the council did in fact undertake some maintenance of the road although denying all knowledge of it when I had need to speak to them about the access road - a quite bizarre situation. 

davidmcn

wksd said:

This is the quote from the lease:
"the Common Parts" means the front doors the entrance hall landings staircases lifts corridors and external staircase in the Building but not within the individual flats therein

So it doesn't even mention the car park?