Who should pay for repairs?

[PumpkinLuv]

We have just purchased a flat. We have purchased the freehold- which is for the flat (alongside 1/3 of the building- as there are 3 flats in the building) and the leasehold for the flat.

The leasehold states we are allowed to park 1 vehicle in the buildings carpark- which the freehold is solely owned by only 1 flat. The owner constantly reminds us that she owns the entire freehold for the carpark (likes to gloat)

Our leasehold specifically maps out where in the carpark we can park our 1 vehicle. This area is in extreme disrepair- it is half concrete and half slabs. The slabs are uneven, cracked and dangerously raised in areas. The larger concrete areas are also cracked.

We have young children who have tripped multiple times on the uneven surface / raised slabs.

Are we correct in thinking that the freeholder should pay for the repairs? We are technically ‘leasing’ the spot from her, as per the 999 year leasehold. Meaning she is essentially the landlord of that spot and us tenants.

Unsure if we should pay for repairs, or her.

What does the lease say about repair obligations? Even if it is the freeholder's responsibiity, the lease probably provides for the costs to be recharged to the leaseholders anyway... !

Normally the expectation is that the leaseholders pay. So either there will be an annual maintenance charge or if there haven’t been funds collected then there will be a cash call.

What I would caution is if it is just your area in disrepair, you may wish to get permission from the freeholder and pay for the work yourself. Having lived in these blocks before it can sour neighbour relations very quickly if someone new moves in and starts getting others to pay for work on their behalf.

You need to look at the lease and see what your repairing obligations are. Are you responsible for the roof and the services/drains - in which case what does it say about permission for access etc. What does your lease re your right for the car park say? What did your title report from your solicitor say before you completed?

Very hard to explain-

We have rented the flat for the last 3 years, but decided to buy when landlord put it up for sale.

Its an old Victorian property which used to be 1 big house, it was then converted into 3 flats: with the original owner keeping one flat and selling 2.
it was written into the lease agreements that the 2 flats could each park 1 car on the carpark (remainder of 999 years on lease) and the original owners flat could use the rest of the carpark. All the while the original owner flat held the freehold for entire building and carpark.

During our tenancy the owner of the 2 subsequent flats (ours and 1 other) purchased a share of the freehold from the original building owner. This freehold specifically states (and is mapped out in red on the title plan) that the freeholds are for their respective flats only, and 1/3 of the building maintenance costs as and when required for shared building repairs such as roof, drainage etc.

The freehold for the carpark is solely in the name and title of the one single flat. So I don’t think we should pay for the repair and they specifically asked to keep the carpark as theirs only on the freehold- and are very strict on the fact that we do only keep 1 car in the carpark as per leasehold.

There is no ground rent, and no maintenance fee due to the fact all 3 flats own the leasehold jointly.

In which case it looks as though the car park freeholder is responsible, but as a PP said, asking them to pay may cause issues, although if you have already lived there for three years, you presumably know them reasonably well?

We certainly do know them well enough to have this conversation. Plus we are aware it is actually a management company that own and she is essentially a tenant (it is owned by Homewise- one of those over 60 purchase agreements)

So I doubt it would come from her pocket- as she isn’t legally the owner, Homewise are.

thankyou for your inputs

Surely if there's nothing in the lease or any other agreement then you have no obligation to maintain it other than to cover your occupiers liability (IE stopping people getting injured or damage caused by a tree falling from your parking space)
Similarly the freeholder would have no obligation either.
Now you can see how it got into the state it has!