It all depends on the wording of your lease. Leases normally allow a landlord to recover any costs/expenses from its tenants.
I can review the lease as a premium service and advise?
I have sent a proposal to cover time reviewing the extracts.
I will try to help you with this.
What you have attached is not a lease but merely a letter from the Housing Department.
Are you able to attach a copy of the actual lease please?
I will tell you at this early stage that it is highly likely that you would be responsible for this cost which would be recoverable through the service charge albeit that the work would be done by the freeholder.
Some leases provide for the landlord to simply do all the structural work at his own cost and that would be down to him, and it would come out of the rent he gets. It is more common in commercial premises than residential.
Other leases provide for the landlord to do all the structural work but to recover that via the service charge. This is most common and applies to both residential and commercial. It is the situation you are in.
You are not responsible for removing the asbestos or the maintenance, the landlord is responsible for that but the landlord recovers the costs from you by way of service charge in accordance with the terms of the lease.
Please refer to page 8 of the lease, the 4 th schedule.
You are responsible to pay the service charge for:
1a maintaining repairing renewing improving and decorating the main structure including the foundations etc
It then goes on in the rest of the fourth schedule, to tell you everything else that you are responsible for.
There is a catchall in 9 “all other reasonable expenses” and then 10 allows the landlord to employ contractors to do the work.
Hence, the Council are entitled to charge you for this work based upon the lease.
I’m sorry it’s bad news for you.
Can I clarify anything for you?
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