The first lease is dated 17 December 1986.
It is in respect of the first-floor flat.
The Building is described as the whole of the building, first-floor flat and ground floor and land.
Anything with a capital letter such as Building is defined.
The tenant’s covenants are in section 2 of that lease.
not make structural alterations
pay for breach of covenant notice
pass on any notices
advise of any sale or transfer
not sell or transfer without consent
*** at the end of the lease, give the flatback “in good and tenantable repair and condition”
*** keep the flat end walls and apparatus fixtures fittings and equipment belonging exclusively to the flat (except the roof, main wall and timbers) in good repair and condition.
Pay half of the cost of the landlord repairs
pay the cost of the insurance
allow the landlord to examine the condition
3 the landlord covenants amongst other things to maintain and repair in good condition the roof, foundation, main walls and timbers of the building and the services used jointly.
If you then go to the First schedule the property demised is defined and it includes “and staircase leading thereto and therefrom”
so according to this, the stairs are your responsibility. What is in the letter from Mr Gupta is correct.
If you do not sort the stairs, he conserve 146 notice on you and ultimately take action to foreclose (terminate) the lease.
The fact that they were in not in good condition when you moved in would be something for you to take up with your surveyor (if you had a surveyor) and for you to raise the issue with the landlord although the landlord would not change the lease. So if the stairs deteriorate, you are responsible but further, I’m sorry to say that if they are not in good condition when you move in, they have to be in good condition when you move out.
There is another lease dated 12 September 1986 which is for the ground floor shops and excludes liability for the staircase serving the first-floor flat.
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