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When a lease becomes invalid?
smoothieee
Posts: 35 Forumite
When I bought my apartment 3 years ago, it was apportioned by %, cost of building management was generated via the service charge and as the smallest flat, I pay a % of the total cost at 11.1 %
We stopped using the management company as a result of some unresolved issues and bought the freehold last year dec. Since then we have individually been managing it as directors. When the service charged was first paid under our ownership as freeholders, it was split equally but I argued that it should be done by % and this was accounted for and mine became 11.1% (problem resolved)
Currently they have came up with a roof repair, repairs which I am I also in support of but they have been dragging to distribute the cost equally, the argument being everyone benefits from a roof but even previously the managing agent would have distribute this cost by apportionment and I spoke to them today.
However, my lease does not specifically indicate that I should be paying 11.1%, it only implies that it should be fair and just. Historically, this was how the managing company has been doing it at 11.1% and the other apartments have their own apportionment. When I spoke to the management company, they said the reason being because it was deemed fair and equitable and that this how cost is split when apartment size varies.
I am unsure how to deal with this issue, they voted on whatsApp for me to pay an equal share of the roof repair and when I think of the cost, it doesn't add up taking into account a small flat and its market value.
How best do I deal with it, this is my first home, any expert opinion will be appreciated.
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Comments
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It will be much easier if you keep to the one thread about the same issue:
https://forums.moneysavingexpert.com/discussion/6533121/does-a-freehold-invalidate-the-terms-of-a-leashold#latest
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As a number of people have explained in your other thread...
To be blunt - the biggest issue seems to be that you don't understand the maths.
"11.1%" is the same as "equal shares".
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