Leasehold Agreement clause - clarity sought

leafy211

I live in a 2-flat annex to the main building of 24 flats. Therefore the leaseholder upstairs and I have a separate lease to the big building, on which I hoping someone might be able to advise.. 

My lease states that I must pay

50% of costs charges and expenses referred to in the 5th schedule that exclusively relate to the premises and Flat XX.  (the other flat in my annex would pay the other 50%)
1.125% of costs in relation to the costs charges and expenses or outgoings incurred for cleaning, maintaining repairing or renewing the forecourt refuse garden and parking areas, the main common pipes wires cables drains conduits and other installations for the supply or running of sewage, water, gas, electricity, telephone or television, to the Premises, the boundary walls of the Development, security lighting, insurance of the Development, administration and professional fees and expenses incurred as referred to in clause 6(10) and the Fifth Schedule. And any rates, taxes or assessments imposed on the Common Parts, but not including such imposed upon the area of the main building, and any other expenditure incurred which is not for the common benefit of the Premises and Flat XX.

I just wanted to check if the 50% rule overrides all the items payable, or all those items payable which dont come under the 1.125% rule. 
Eg professional fees relating to just my annex building .. would i expect to pay 50% or 1.125%?

If anyone can give me any specific guidance on just that (Im not looking for general lease guidance or anything), that would be hugely appreciated.
Fingers crossed
Louise

user1977

We can't see the fifth schedule from here, or clause 6(10)...but generally I'd expect any costs relating solely to your building to be 50%.

AdrianC

Think of it in simple terms - you're paying half of the costs of thing that relate solely to your building... and 1.125% (1/89th) of the costs of things that are common to the entire development.

So what would these professional fees be for...? They aren't something separate, they're just another line item that would be apportioned according to whichever.

leafy211

Hi Adrian
Im thinking along the lines of professional fees such as surveyors fee for looking at a crack in the wall of my building, for example

ciderboy2009

Wouldn't something like that be covered by the building insurance?

user1977

ciderboy2009 said:

Wouldn't something like that be covered by the building insurance?

They might cover it if it turns out to be something caused by an insured risk, but not merely getting a surveyor to look at a crack. In any event the excess would still need paid.

leafy211

The crack was caused by the neighbours while landscaping. So i think that would be an insured risk?  And excess not paid for third party damage claim?

user1977

leafy211 said:

The crack was caused by the neighbours while landscaping. So i think that would be an insured risk?  And excess not paid for third party damage claim?

We don't know the terms of your own insurance, though I'd expect the neighbours may well be covered by their own policy if you're saying they were negligent. Yes, you will be able to recover the excess from them (if you're successful with your claim generally). But any costs you're incurring in the meantime are going to be split in terms of your leases.

leafy211

perfecto.  Thanks so much everyone :-)