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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23351
Experience:  Senior Partner at Berkson Wallace
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We are landlords of a flat in a block of four. The block was

Customer Question

We are landlords of a flat in a block of four. The block was built in the garden of an adjoining house and a service road built. When a lease was drawn up it was flimsily worded re this road. It states that residents are ‘obliged to pay towards the upkeep of the road’. There are six properties n all using the road.
Recently there was a dip in the tarmac which created a large puddle outside the house and one of the flats now owned by the occupant. The road is otherwise in a good condition for vehicles.The owner of the house asked that we all pay a sixth towards having the repair done which we did.We are not happy about the wording of the lease and do you think that this was a reasonable request?
Submitted: 7 months ago.
Category: Property Law
Expert:  Stuart J replied 7 months ago.

When asked to look at this question for you.

The short answer to your question is, “yes”.

Even if there is nothing at all specified in the lease is a common law doctrine of “mutual benefit and burden” where anyone who has the benefit of using something also has the burden of repairing it although I emphasise repair it, not improve it.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards