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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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There are 12 flats with leases that are identical, no mention

Customer Question

there are 12 flats with leases that are identical, no mention of balcony maintenance. The flats are leasehold but all own a share of the freehold. should the communal service charge cover the maintenance of the balconies of which there are only two.
Submitted: 7 months ago.
Category: Property Law
Expert:  Nicola-mod replied 7 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Nicola
Customer: replied 7 months ago.
I am okay waiting
Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Thomas replied 6 months ago.
Hi, Do the flats which have the benefit of the balconie's include the balconies within the particular flats definition of the "property" in the lease?Tom
Customer: replied 6 months ago.
No there is no mention of balconies in the lease. The lease states from glass inwards roof from under joists and floor above joists and internal walls as being the responsibility of the flat
Expert:  Thomas replied 6 months ago.
Thanks. drafting your answer now.
Expert:  Thomas replied 6 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.The repair responsibilities for each flat are contained in each individual lease. If the balcony to a particular flat were specifically mentioned in the definition of the flat then the flat would be obligated to repair the balcony under their “good repair” covenant in their lease unless there was another provision specifically excluding the balcony from the tenant’s repair obligations. If the lease plan including the balcony in the outlining of the flat but the definition did not specifically include or exclude he balcony then you are in very murky territory in terms of interpretation unless there is another indication elsewhere in the lease (perhaps in the definition of the “building” ). If the edging on the individual plans do not include the balconies and the definition does not include the balcony in the definition of the flat or otherwise state that the particular flat is responsible for the balcony then it would certainly be the responsibility of the freeholder by way of communal service charge.If you are in any doubt the you should really have the leases examined in a face-to-face consultation with a property solicitor who would examine the lease/definitions/lease plans to advise you on the matter. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom

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