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propertylawyer
propertylawyer, Solicitor
Category: Property Law
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Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I lease a garage in a row of garages associated with a block

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I lease a garage in a row of garages associated with a block of flats where I also lease a flat. The freeholds of both are under shared ownership via a limited company managed by an elected board of directors.
The garages have not been maintained by the freeholder for 50 years. Mine and others badly need re-roofing. The directors have been making half-hearted attempts to get the garages re-roofed for many years.
I can get my garage re-roofed quickly, but have been told that the freeholder will later re-roof all garages, including those already re-roofed, at the lessors' expense.
Question: Am I obliged to allow and pay for that unnecessary second re-roofing?
Submitted: 8 months ago.
Category: Property Law
Expert:  propertylawyer replied 8 months ago.

It will depend on the wording in the lease. If the repairing covenant of the landlord allows this and to recover costs then you could be obligated to pay.

Customer: replied 8 months ago.
There is no landlord's repairing covenant.
Lessee's covenants include...
3) To repair
4) If in default of covenants "hereinbefore", to allow the lessor to repair at the lessee's expense, "in accordance with the covenants and provisions of these presents"
7) To allow the lessor access to view the state of repair. The lessor may subsequently give notice that repairs need to be done within 3 months. (This seems to conflict with (4), which requires no notice)
Expert:  propertylawyer replied 8 months ago.

It is difficult to say on your typed extracts. I really need to see the lease to comment upon it.

There is no conflict between 4 and 7. The purpose of the clauses is to allow the landlord to inspect, serve notice if tenant is in default of its repairing obligation and to undertake works itself if tenant fails to remedy breach.

The repairing obligation may be within a service charge provision.

Expert:  propertylawyer replied 8 months ago.

If there is no repairing covenant then you cannot compel the landlord to repair the roof.

Like I said I really need to see the lease to comment.

propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience: Property solicitor with expertise in commercial and residential property transactions.
propertylawyer and other Property Law Specialists are ready to help you
Customer: replied 8 months ago.
Now resolved. The only service charge provision is to pay the relevant part of the lessor's insurance costs.
Thanks.

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