Lease query

pernes

My father in law owns a flat and garage, which both have their own leases. The owners have share of freehold with one garage not having a lease and remains part of the freehold used for storage. Some flat owners do not have a garage.

The lease for the garage states " the building" shall mean the whole of the two garage blocks with the curtilage consisting of 33 garages in all situated at the rear of the flats.  

"the garage" shall mean (garage number) being part of the building together with the floor ceiling door and walls thereof.

It then refers to "the third schedule the landlords obligations". The landlord will at all times keep the roofs walls floors main structure foundations windows and drains of the building  and every other part of the building not repairable by the tenant under the tenant's covenants in that behalf hereinbefore contained in proper substantial repair.

Substantial works are going to be carried out and the garage owners have been given notice for their contribution, works include the roofs of the garages, repointing and fascia's 

What I am trying to ascertain, which I know maybe very difficult without seeing the leases is are these works classed as the responsibility of those who own garages or should the costs be spread to all leaseholders?  Thanks

user1977

pernes said:

What I am trying to ascertain, which I know maybe very difficult without seeing the leases is are these works classed as the responsibility of those who own garages or should the costs be spread to all leaseholders?  Thanks

You've quoted some thing from the garage's lease - are you asking whether there's any liability under the flat's lease? You haven't given us any clues about that!

eddddy

pernes said:

What I am trying to ascertain, which I know maybe very difficult without seeing the leases is are these works classed as the responsibility of those who own garages or should the costs be spread to all leaseholders? 

It depends on what other parts of the lease say and it depends what is being repaired. As you say:

The landlord will at all times keep the roofs walls floors main structure foundations windows and drains of the building  and every other part of the building not repairable by the tenant under the tenant's covenants in that behalf hereinbefore contained in proper substantial repair.

So if the repairs are to "roofs walls floors main structure foundations windows and drains of the building" etc, then the landlord is probably responsible for doing the repairs, and split the costs between the leaseholders.

pernes said:

What I am trying to ascertain, which I know maybe very difficult without seeing the leases is are these works classed as the responsibility of those who own garages or should the costs be spread to all leaseholders?  Thanks

Your question isn't completely clear. Are you asking if the cost should be spread across all flat leaseholders, or spread across all garage leaseholders?

pernes

many thanks for your replies, I appreciate it's difficult without seeing the leases in their entirety and me only quoting bits. Under the flat lease it notes, the third schedule the landlords obligations.  The landlord will at all times keep the roofs walls floors main structure cellars basements foundations windows and drains of the building  and every other part of the building not repairable by the tenant under the tenant's covenants in that behalf hereinbefore contained in proper substantial repair.

So I am wanting to establish if these works should be spread across all flat leaseholders, or just spread across all garage leaseholders.     Maybe even confusing it more is that there is a "garage" that is small so no lease is assigned to it so remains part of the freehold and referred by directors as too be used for company storage if required. 

If I was to get a solicitor to read both leases would you have any idea of what the possible cost would be?  Many thanks

user1977

pernes said:

many thanks for your replies, I appreciate it's difficult without seeing the leases in their entirety and me only quoting bits. Under the flat lease it notes, the third schedule the landlords obligations.  The landlord will at all times keep the roofs walls floors main structure cellars basements foundations windows and drains of the building  and every other part of the building not repairable by the tenant under the tenant's covenants in that behalf hereinbefore contained in proper substantial repair.

Ok, but what does the flat's lease define "the Building" as being? You seem to be saying that in the garage lease "the Building" is just the garage block? Is there actually any connection in the repairing obligations between the flat lease and the garage lease?

canaldumidi

The flat lease clause you quote (almost certainly) relates to the LL's responsibility for the building in which the flats are located.

The garage leases will (probably) have separate liabilities defined. You need to distinguish between the two leases and the two freeholds.

Each of te two leases will (probably) have a definitions section, defining eg 'the building', and they won't be the same!

Slithery

Is there one freehold that covers the land containing the flats and the garages or are there two separate freeholds?

NameUnavailable

As there are separate leases it seems to me that those who don't have a lease on a garage won't pay for repairs, but as said it also depends on what the flat lease states.

pernes

Noted on lease as 1a: "The building shall mean the block of flats with the entrances and curtilage known as (notes name of flats). (being part of the property comprised in the above title number) and for the purpose of identification only more particularly delineated in the plan attached hereto and thereto coloured pink."

After " The landlord will at all times keep the roofs walls floors main structure cellars basements foundations windows and drains of the building  and every other part of the building not repairable by the tenant under the tenant's covenants in that behalf hereinbefore contained in proper substantial repair." that I quoted before the next paragraph states

"The landlord will at all times keep the boundary walls and fences of the building and the entrance hall staircases lifts passages and other common parts thereof and the common cisterns tanks water gas and electric pipes wires equipment ventilation plant and machinery of the building, the caretakers flat at the rear thereof and the forecourt grounds and drives thereof in good and substantial repair and condition"   

So it doesn't state garages as far as I can make out,  but the "caretakers" flat is above three of the garages, making that area two storey. This "caretakers" flat is not lived in and had sanitary ware and kitchen removed some years ago and again is referred to as "storage" by the directors. 

pernes

Slithery said:

Is there one freehold that covers the land containing the flats and the garages or are there two separate freeholds?

One freehold

user1977

Ok, and is the area coloured pink just the flats, not the garages? It doesn't sound like the landlord's obligations in the flat's lease are relevant to the garage block, beyond the caretakers' flat.