To pay the smaller share.

[JustAnotherWednesday]

I need some advice regarding communal repair costs in our small block of flats. We’re planning some expensive repairs, and I’m concerned about how the costs are being divided. The neighbour organising the repairs is currently splitting the bill equally among all flats. However, one of the flats was originally two separate properties before being joined together, and my deeds don’t reflect any amendments to account for this change. (I posted another thread earlier about how to verify this.)

I believe that the owner of this double flat should be responsible for two shares of the repair costs. While I know nothing about the financial situation of the owner of the double flat, they are rather elderly, and I’m concerned about harming neighbourly relations. At the same time, I can’t afford to pay more than my fair share.

How would you suggest handling this situation? AIBU to consider paying only the smaller portion of the bill? The difference in cost amounts to the low hundreds, which is significant for me.

I think you need to have a neighbour meeting, as I am sure others don’t want the bill spilt equally. Have a meeting and all agree an outcome, it might be vicious

When I owned a flat the flats with 1 bedroom paid one amount and the flats with 2 bedrooms paid a slighly higher amount.

You are correct. If your lease refers to paying a quarter of the costs (if eg there were originally 4 flats) you still pay 1/4. The flats that merged pay 1/2 ie. Two shares.

I think you need to look at your lease and any maintenace agreements.

Surely what's fair depends on the nature of the repair. If the difference is hundreds for you when split then it would be in the thousands for the double flat owner so they are likely to argue and it will be up to you to demonstrate that tgrt are getting more benefit from the repair than you are.

Are you willing to post any details about what the repair is?

We need a new roof etc.

If the double flat owner could prove that when the two properties where joined an agreement was made to charge them one share of repairs going forward then that would be legally binding, but there is nothing in my own deeds to suggest this arrangement/agreement was ever made.

I would think you still owe 1/4.

What if he bought the third flat - would you have to pay half?

Was a new lease not issued when the two flats were combined to make one flat? That really should have happened.

That's a tricky question , and probably will turn on the precise terms of the title deeds
But I think it is more likely than not but you are correct

I’m not sure if a new deed would have been created when the flats were joined, or if the original deeds have simply been amended. The elderly neighbour has had the flat for so long that I cannot access the deeds online, and I don’t know if they have one or two deeds. What I do know is that my deed does not reflect any agreement to amend my share of the repairs.

I would have thought the bill should be shared equally between the tennants (sorry). I don't see why someone should pay more because they have a bigger flat.

They should pay more because if the flats hadn’t been joined there would be one more household paying a share. I believe it would require agreement between the neighbours and a change to the deeds to remove their liability for paying the other share. I see no evidence that this was ever done.

I would just pay the share that is stated in your lease.

It's usually divided by square footage.

Just pay the sure that is stated in your lease.

What does your lease say? If it says equal to each leaseholder I'd assume it was 1/4 as there are 4 lease flats (when your lease was issued) and it doesn't matter if one person buys 2 flats. It's still 2 leases.

Unless the freeholder issued new leases - if you also own share if the freehold that couldn't happen without your permission?

What does land registry show? 4 leases or 3?