Leases and garage repairs

helprent

Hi - looking for some advice on leases and responsibilities. 

I have a one bed flat with a freestanding garage in a block - which is included in my demise.

1. My lease includes a clause stating that, after giving at least 28 days' notice, the Management Company is responsible for maintaining, repairing, and renewing the walls, roofs, and guttering of the block of garages (excluding doors). 
2. This notice was confirmed, agreed and recorded in the AGM minutes in 2014, where the managing agent was instructed to manage garage repairs using communal funds. 
3. Minutes from an AGM in 2017  confirmed communal responsibility, with specific mention of cleaning moss and replacing garage roofs.
4. In 2021: A new management company took over. Apparently they queried why garage repairs needed to be done and after a meeting with the directors, agreed to repair a number of garage roofs through their contractors using communal funds
5. Since then this has. not been challenged
6. Before I knew about what was agreed at previous AGMs, I asked to go through the insurance taken out for the garages but was told that as the garages hadn't been maintained, they would not cover the work
7. My garage roof, impacted by a neighbouring council tree, now has a hole, damaged joists, and excessive moss growth. The gutters were also not cleared. 
8. Over the past 10 months, I have engaged in email exchanges with the management company, but they insist I am personally responsible as they won't accept the clause. Latest from directors is “the 2014 discussion was not legally applied by changing lease" and they, refuse to discuss further. 
9. No Lease Variation was needed – Because the lease already contains this provision, there was no need to formally amend the lease. The management company simply had to issue the required notice for the obligation to take effect. The 2014 decision was recorded and applied since then. 

What can I do? Any thoughts welcome . It seems pretty clear to me that the garage repairs should be paid out of service charge but I may be missing something
Thank you 

eddddy

Based on what you say, your point number 1 seems like the only relevant point.

Everything else can be ignored.  It's only what your lease says that matters.

It seems like...

• You're saying that the lease says that the management company is responsible for repairing the garages using service charge funds

• The Management Company is saying that the lease says the leaseholder is responsible for repairing the garages

Have you pointed out the specific clauses in the lease to the management company? Has the management company said that they interpret those clauses differently from you?

helprent

eddddy said:

Based on what you say, your point number 1 seems like the only relevant point.

Everything else can be ignored.  It's only what your lease says that matters.

It seems like...

• You're saying that the lease says that the management company is responsible for repairing the garages using service charge funds

• The Management Company is saying that the lease says the leaseholder is responsible for repairing the garages

Have you pointed out the specific clauses in the lease to the management company? Has the management company said that they interpret those clauses differently from you?

Thanks for your message. i have pointed this out but the management company are saying they won't accept this as they only follow the lease and the lease was never amended! Even thought the same company repaired 3 garages communally in 2021...

eddddy

helprent said:

Thanks for your message. i have pointed this out but the management company are saying they won't accept this as they only follow the lease and the lease was never amended! Even thought the same company repaired 3 garages communally in 2021...

I'm not sure if you understood my reply.

To reiterate...

The lease hasn't been amended so only point 1 applies.

Everything else (points 2 to 9) is irrelevant - for the moment.

i.e. The management company will only follow the lease - and you've quoted the lease in point 1.

helprent said:

1. My lease includes a clause stating that, after giving at least 28 days' notice, the Management Company is responsible for maintaining, repairing, and renewing the walls, roofs, and guttering of the block of garages (excluding doors). 

WIAWSNB

helprent said:

I have a one bed flat with a freestanding garage in a block - which is included in my demise.

1. My lease includes a clause stating that, after giving at least 28 days' notice, the Management Company is responsible for maintaining, repairing, and renewing the walls, roofs, and guttering of the block of garages (excluding doors). 
2. This notice was confirmed, agreed and recorded in the AGM minutes in 2014, where the managing agent was instructed to manage garage repairs using communal funds.

As eddddy says - the content of the lease, which hasn't been changed, is what counts. Could you post the actual extract from your lease which covers this, please? And, do you have Legal Protection included in your contents insurance?

On a different note, how did the tree cause this damage? Was an overhanging branch dangling closer and closer and and finally making contact? Or, did a branch break off and cause this? If so, was it during a storm? How aware was anyone of the possibility of this occurring?

helprent

hi thanks eddddy and WIAWSNB
Understood - thanks for replying

The actual wording is "“Following the expiration of not less than twenty eight days prior notice in writing served by the Management Company on the Lessee and from the date specified in such notice the Management Company will maintain repair and renew the walls (including the internal division walls) foundations and roofs wood metal and stucco work guttering and downpipes serving the Block of Garages (but not the doors thereof)”

Notice was given as recorded in an AGM so I believe the management company is responsible. I don't have legal cover but have an appointment at a legal clinic in.2 weeks. 

It looks like a branch broke off and caused this - unfortunately I am not sure when this happened. The previous management company had written to the council about the tree pre 2021 but the current company (in place since 2021) didn't follow up. 

eddddy

helprent said:

The actual wording is "“Following the expiration of not less than twenty eight days prior notice in writing served by the Management Company on the Lessee and from the date specified in such notice the Management Company will maintain repair and renew the walls (including the internal division walls) foundations and roofs wood metal and stucco work guttering and downpipes serving the Block of Garages (but not the doors thereof)”

Notice was given as recorded in an AGM so I believe the management company is responsible. I don't have legal cover but have an appointment at a legal clinic in.2 weeks. 

Is that wording definitely in the lease, and not in some other document? (What type of information is on the first page of that document, and how long is the document?)
 

The wording says that the Management Company must give you 28 days notice before they repair the garage.

Are you saying that the Management Company gave you a letter at the AGM saying that they would repair your garage in 28 days?