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JGM, Solicitor
Category: Law
Satisfied Customers: 14345
Experience:  30 years as a practising solicitor.
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I live in a 1 bedroom flat on a development which has 5

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I live in a 1 bedroom flat on a development which has 5 flats and 6 householders ranging in size from 1 bedroom flats to 4 bedroom properties All properties have a responsibility in their lease for service charges but the lease does not specify how they are calculated. Originally charges were apportioned according to floor space by the freeholder but responsibility for the management of the development has now been transferred to a Management Committee on which all lease holders have an equal vote. Some leaseholders now want to change the apportionment to a per property basis which can only be done by a majority vote of leaseholders. Is there a recommended method of apportion or a development in which the units vary significantly in size?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: There is a meeting next week to discuss changing the apportionment to a per property basis
JA: Where is the flat located?
Customer: Leeds
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

What do the service charges cover, shared areas presumably but are there any services specific to the particular properties? In other words, is there any justification for apportioning on the basis of the size of each property rather than an equal split between them?

Customer: replied 3 months ago.
No - the services are for all properties, garden maintenance, external lighting etc

In that case there is an argument that the properties should share on an equal basis. The basis of apportionment by floor space would be appropriate if the proprietors of the larger properties were getting more benefit from the services but if that is not the case then there is no reason why the charges shouldn’t be split equally. However it is for the residents to decide in accordance with their title deeds. I hope that helps. Please leave a positive rating so that JustAnswer credits me for my time.

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