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RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3458
Experience:  LL.B (Hons)
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It's a bit complex so please allow me time to type. I'm at

This answer was rated:

It's a bit complex so please allow me time to type.
JA: Where are you? It matters because laws vary by location.
Customer: I'm at Shoreham by Sea w Sussex
JA: What steps have you taken so far?
Customer: Well I need to tell you what the problem is so you will understand the steps
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's to do with Housing Law... freehold tenancy

Hello, if you could write up your question for me then I will see if I am able to assist, thank you.

Customer: replied 14 days ago.
I have just spent
20 mind typing it in.
Customer: replied 14 days ago.
Minutes
Customer: replied 14 days ago.
You want me to pay for the call when I am already paying for your service?

You do not need to accept any calls this is a service offered by the website.  I cannot see what you  have typed so if you could copy and paste here that would be helpful.

Customer: replied 14 days ago.
I'm sorry I dont nowhere its gone now. Are you still there?

Yes I am still online at the moment.  If you post it and I am not online I will get back to you in due course.

Customer: replied 14 days ago.
Ok bear with me.
Customer: replied 14 days ago.
I went go into everything again. Suffice to say the matter relates to a jointly owned roof to a block of garages owned by freehold tenants. The management agents acting on behalf of the company,,, is disputing the Landlords responsibility for ensuring the maintenance of the roof. I am clear garage owners must pay for the repairs (not all flat owners). But disagree re the responsibility to ensure repairs & maintenance are carried out. They are quoting the lease which I have in front of me. I wondered if you could look at the wording (typed) put and advise am I right or wrong in my reading of it.
Customer: replied 14 days ago.
The Landlords will retain the parts of the said block of flats used in common by the tenants of all flats and garages ..."retained parts"The Landlord covenants to repair, and decorate the retained premises ... and the roofs and all external parts.
Customer: replied 14 days ago.
Does this relate to the flats only or flats and garages.
Customer: replied 13 days ago.
Have you forgotten me?
Customer: replied 13 days ago.
I still haven't received the service I paid for. If I don't hear anything by tomorrow I will be requesting a refund.

Thank you for the question.  Haven't forgotten about you I have just not been online.  The clause states "the tenants of all flats and garages".   Which could be taken to mean all tenants (even if they do not have a garage) however, this is not clear.  Obviously it doesn't seem fair that the tenants who do not possess a garage should be required to pay for the repairs, and a lease can be open to interpretation.  In that case, what I would advise doing is escalating the issue to the property ombudsman, they have an arbitration service, they will listen to both arguments and will make a decision on what is to happen.  If for any reason you don't agree with this decision then you could ask the court to define the interpretation.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 13 days ago.
Sorry but that's not the focus of my concern. My interpretation of the lease is that the Landlord has a duty to ensure that maintenance and repairs are carried out on common parts of the flats and garages (parts used by everyone), we are in agreement non garage owners should not pay for the garages. The problem is the Estate Mgmt Agents are refusing to accept the Landlords have responsibility for arranging the repairs to the garages roof and collecting the monies from the owners. Which interpretation iscorrect ... theirs ermine?

No you are correct, the statement, the landlord covenants to repair.... "covenants" means they promise to in legal terms therefore the lease clearly states, " the landlord promises to repair....".

Customer: replied 13 days ago.
Thank you for confirming that for me. I will follow your advice re the ombudsman if myself and other Directors continue to have no joy with the agency.. Kind regards.

I wish you the best and hopefully it should fall in your favour.

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