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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8733
Experience:  I have been practising for 30 years.
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Our house managers flat in a retirement block has just been

Resolved Question:

Our house managers flat in a retirement block has just been sold by the freeholder but in the lease all the residents were responsible for the upkeep of the flat. Should the lease be amended in law.
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Is it a term of the lease that the residents pay for the manager’s flat if the person living in that flat is managing the house? Is the person who has bought it no longer going to be the house manager?

I need to know why the provision is there for the various leaseholders to have the upkeep of the manager’s flat responsibility.

Customer: replied 6 months ago.
When the property was first built there was a live in house manager and the residents were responsible for the upkeep as they are for the rest of the communal areas. The flat has now been sold and a new lease raised for the new owner but no alteration has been made to the existing residents leases. We have queried this with the freeholder and they say there is no reason to issue a new lease and it would be extremely costly.
Customer: replied 6 months ago.
There is now 9am to 5pm house manager who does not live in the flat
Expert:  F E Smith replied 6 months ago.

If the house manager no longer lives in the flat that you no longer have the liability to keep the flat the terms of the lease. There is no need for a new lease but there does need to be a Deed of Variation which the liability under the original lease. The deed would be kept with the lease and registered at the land registry. It’s not a particularly expensive or time-consuming job on the work required for every lease is the same apart from the tenants details.

This does need regularising so that there is a record of this obligation being removed otherwise, it’s going to be a problem when you eventually sell the property.

If the landlord refuses to do anything about it, get a solicitor to threaten him with the Leasehold Tribunal.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8733
Experience: I have been practising for 30 years.
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