Advice for owner of freehold

[Niraj]

Hi,

I own the freehold to an old victorian house which has been converted into two flats.
Ground floor/basement and 1st+2nd Floor. I live in the 1st+2nd Floor flat.
The Ground floor/basement flat is on a leasehold basis.

The lease agreement states building & maintenance of the property to be shared.

I am having £1000 worth of roofing repair work done to
a) repair previously cowboy work (done before we bought it)
b) repair a tree growing from the brickwork
c) repair roof causing damp.

I know none of this actually affects the bottom flat, but it's part of the building maintenance.
I wondered what proportion (if any) is reasonable to share with the leasehold of the downstairs flat.

We haven't done any other work so this is the first time this situation has arisen.

many thanks

Niraj

[Richard Webster]

The lease of the ground floor flat should stipluate what repairs/maintaence items the ground floor lessee has to contrubute to, and should state what proportion, but may only use some vague expression like "a fair proportion."

If the lease requires the ground floor lessee to pay half then you can ask for half as it ultimately benefits him as well. As you have to get on with him you may end up tempering that in practice.

[PropertySolutions]

Your lease should clearly stipulate what proportions each unit contributes to the maintenance of the property and as a result are obliged to make that contribution.

You do need to be careful however as any single contract works which exceed £250.00 per flat will trigger a section 20 consultation procedure as required under the commonhold & leasehold reform act 2002. this procedure requires you to issue a number of notices in a prescribed format and entitles the leaseholder the opportunity to volunteer a contractors to approach for any proposed works.

If this procedure is not followed then you will be liable for any works which exceed the £250.00 threshold.