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Any property/leasehold experts out there to help with a query?

(5 Posts)
Cutandpaste Tue 11-Oct-16 13:30:26

We live in house converted into two flats. When we bought the flat we found out we were the freeholders for the whole building.

As far as I can make out from the lease, we only have right of way over the front garden, front door and hallway (we are in the upstairs flat).

Our downstairs neighbours are now saying that the responsibility for the hallway and front door is shared and we need to pay for the decoration.

I know this depends on the lease and I've been trying to get decipher it. I wrote to the Leasehold Advisory Service but they didn't really answer my question and we definitely can't afford to get a solicitor to look at it (£600 per lease!!)

The area we are talking about is shown on the lease as belonging to them but also being a 'common part'. Does 'common part' just mean right of way?

I'm really stuck about how to move forward with this. Obviously the info is all in the lease but we just can't afford solicitors right now - we may as well just give the money to our neighbours. It doesn't help that they have been really difficult since we moved in. Any advice gratefully received!

HereIAm20 Tue 11-Oct-16 18:15:49

Common parts are the parts shared by both propertied and unless there is a service charge paid each month to cover expenses such as these it is a shared expense usually.

Stinkerbelle37 Tue 11-Oct-16 18:19:05

Every lease is so different. We were freeholders for whole building, but our leases specified that we were responsible up to first floor (ground floor flat) and other lease was first floor and above. So, despite us being freeholders, they were responsible for the roof (total result for us...).

So we were responsible for common entrance downstairs.

birdladyfromhomealone Tue 11-Oct-16 20:52:38

we also used to own a flat freehold and walk through the front door to go upstairs to out flat.
although we owned the freehold and the other 3 flats were leaseholders the upkeep of the communal areas such as front gate, path, door step front door and staircase were hared between the four flats.
we had a £50pcm float from each flat for the upkeep of these areas which was used for gardener, window cleaner, carpeter and decorator when the need arose.

Greyandyellow Tue 11-Oct-16 21:09:57

If you are the freeholders do the leaseholders of the ground-floor flat pay you ground rent and a service charge?

Surely the service charge is to pay for decorating the common areas.

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