Does lower floor extension in building affect the % that my flat takes up?

ChrisM78

I have a second floor flat in a converted house which I've had since 2003 - until about 12 years ago, the building consisted of my flat, a first floor flat and the ground floor was a shop. Then the ground floor was converted into two flats, with an extension being built at the back of the building to accommodate a second flat. 

My lease (dating from 1990) refers to my flat taking up 27.5% of the total building, so my service charge correlates to this percentage rather than 25% for example. Should the extension downstairs be reflected in a lower % that my flat takes up and also a lower % of service charge due?

My apologies for any ignorance - my dad who passed away a few years ago was much more on the case with such matters. 

user1977

If the lease refers to a fixed percentage and no mention of that changing, then that's what it is.

gwynlas

You could contact the freeholder and ask for clarification if you believe you are paying mre than your fair share given increase in residential units.
It might be that leases could be amended with whoever benefiits from the new units funding legal costs

eddddy

The way it typically works is...

You are responsible for paying 27.5% of the costs associated with the building as it existed in 1990 when the lease was granted.

If an extension has been added since 1990, you shouldn't have to pay any costs associated with the extension.


For example...

• If the roof of the extension leaks, you shouldn't have to pay anything towards its repair
• If the roof of the original building leaks, you should have to pay 27.5% of the repair costs

• If all the windows in the building are repainted, you should only have to pay 27.5% of the cost for the windows in the original building (and nothing towards the costs for the windows in the extension)

(Unless your lease specifically says something else should happen in these circumstances.) 

However, to keep things simple, you and your freeholder are free to agree to change your lease to say you will pay, say, 22% of the costs of the whole building. But you both have to agree, or it cannot happen.




Do you know what the 2 new leases for the new flats say about contributing to the building's costs?

sheramber

As an extension has been built what is the total area of the building now?