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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10630
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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A block of flats has a wooded area, which is part of the site,

Customer Question

A block of flats has a wooded area, which is part of the site, to the front of the building, is the leaseholder responsible for the maintenance of the trees which have a preservation order on them ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hi there,

Thanks for your enquiry.

To enable me to answer you fully, could you please confirm that there is a separate Freeholder to whom you pay ground rent and service charge?

I'm sure it's not, but please also confirm that the wooded area is not included in your Lease?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

Each of the owners of the 12 flats pays an annual ground rent to the same leaseholder. I assume that the wooded area is not included in each individuals payment. Presumeably the ground rent is for the ground on which the building and garages are sited

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Thanks for your reply.

Yes, the ground rent is the payment each of you make to the Freeholder in return for "Leasing the land" off the Freeholder.

Do you not all also pay a yearly service charge (to cover the costs incurred by the Freeholder in maintaining the common parts such as the garage forecourt/communal hallways and the block Buildings Insurance?)

AL
Customer: replied 3 years ago.

A service charge is paid by each flat owner to an in house management company, each owner is a director and the secretary, treasurer and chairman are flat owners, The company is registered with companies house and is non profit making

Expert:  Aston Lawyer replied 3 years ago.

Thanks.

Well, each Flat owner will not personally be responsible for the trees in the wooded area. These will be the responsibility of the Freeholder (the Management Company).

However, each of your Leases will stipulate that you must all pay a share of the running costs of the Development (by way of a service charge), and this would include any work that is required to the exterior parts of the Development.
As the wooded area will be classed as an exterior part, any costs incurred by the Management Company in dealing with the trees will therefore be passed on to the 12 of you via the service charge.

I hope this sets out the legal position but please let me know if you require any further clarification.

Kind Regards
AL