Property repairs- freeholder and leaseholder responsibilities

[Waitingfordoggo]

I’m hoping someone might know something about this as I haven’t been able to find a clear answer via Google.

Suppose an old property is divided into 8 flats. A freeholder owns the whole building, each individual flat is owned by different leaseholders.

If there is a repair needed to the roof of the property, who is legally liable to pay this? Leaseholders, freeholders or both? Or is not as clear cut as that?

Thank you for any insight you can offer.

Depends what the leases say - they should specify who is liable for specific parts of the building

Thank you @Rosecoffeecup. I will check the lease!

It does depend on the terms of your lease, but usually even if the freeholder was responsible for keeping the external fabric and communal areas in good repair, the cost of repairs is usually reclaimed from the leaseholders through the service charge. The top floor flats may have differing leases with the roof demised to them, but you have to check. Is there a management company who organises routine maintenance? In our block the leaseholders run the management company, so essentially we organise our own repairs (and use the service charge to pay for things), but sometimes a company will be appointed by the freeholder (and costs are out of the leaseholders control then).

Ridiculous system as the freeholder essentially takes ground rent and lease premiums and costs us in legal advice every time something out of the ordinary comes up!

Thanks so much for sharing your knowledge @dotdotdotdash. I am a leaseholder. The freeholders are a group of three people and they use a managing agent who organise the routine maintenance. There was an issue with the roof back in the spring for which all leaseholders paid towards scaffolding and repairs. There is now an issue with the roof again but unclear whether it is the same part of the roof that was previously repaired. I’m trying to get answers out of the managing agent!

It is an old property so obviously there’s an expectation that there will be maintenance costs, but I’m concerned that if it doesn’t get resolved properly, there will be further issues with the roof, and further costs to leaseholders.

For the last roof repairs, I was sent a statement which showed what each leaseholder had paid towards the work (different amounts because the flats are different sizes), but there didn’t seem to be any mention of the freeholders contributing at all which I found surprising as they own the whole building. I thought there might be an obligation for them to also contribute but maybe not. I obviously need to check my lease! It’s a long time since I last looked at it.

Hi,

I used to live in a leasehold flat, and had several issues with repairs/service charges etc. I found this website invaluable https://www.lease-advice.org/advice-guide/service-charges-other-issues/

Hope it helps!

Thanks so much @dotdotdot3.

As an aside, what are the odds of having two responses from usernames starting dotdotdot? 😂

That is a coincidence :)

I'm assuming all leaseholders paid a share for repairs? The lease should indicate how costs are split. The freeholders would not usually contribute.

Leases can be (deliberately) difficult to understand. For help and advice join the National Leasehold Campaign Facebook group. They are knowledgeable and supportive.

Brilliant, thank you @20questions, I’ll have a look.