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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 4777
Experience:  Dual qualified Solicitor and Attorney
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I have leased out a shop with fully repairing lease Recently

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I have leased out a shop with fully repairing lease
Recently the owner of the end property Which has a few flats has decided to use the alleyway for their cars entry and exit and now they want everyone to pay for the new road surface
As a freeholder where do I stand
Do I have to pay for the road surface which was adequate before the flats owner decided to use the alleyway
If so is the lease holder responsible with fully repairing lease or me as a freeholder

I take it this is a shared alleyway?

Customer: replied 11 days ago.
I prefer to text rather than phone if you don’t mind. I get nervous on the phone and also my hearing is not that good

Yes, that is fine the phone call request is sent automatically, I cannot phone anyway. Can you confirm the alley is shared?

Is there anything in the title deed for the property regarding maintenance of the alley that you are aware of?

Customer: replied 11 days ago.
Yest it is a shared alleyway
Until a year or so ago the property which now has around 16 flats was an office
They never used the alleyway
They had a planning permission to add many flats and also to use the alleyway for their cars to enter and exit
So they have taken down their garden wall facing the alleyway
As you face the alleyway the flats are on the right hand side and on the left there are four shops
My property is the third one
My tenant never told me about the planning permission so I did not have the chance to object

I understand well I do not see that they can force you to pay for the road repairs seeing as it was not for you that they repaired the road. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 11 days ago.
Thank you for your answer I will rate it
I had also asked about my tenant if in future the alleyway needs any kind of repair
Would the tenant be responsible as he has a fully repairing lease or would it be my responsibility

It would be the tenants responsibility if it needs repairing. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 3 other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you for the answer
I have rated you

Thank you much appreciated