Who owns my extension? (Flat Leaseholder with shared ownership of Freehold)
Anonymous user 16/03/2024 - 2.34 PM
Hi, I bought a flat with a new built extension and during the sale was informed that our flat would need to pay more due to the expanded footprint (freehold held by the three flats). We're now experiencing problems with the rear roof and are being told by one of the flats that the terms we signed up to aren't enforceable so we are on the hook for the full cost of fixing the roof. (So we shouldn't have been contributing 40% to the two other flat's 30% each to the freehold costs, instead it should have been 1/3, 1/3, 1/3). Has any one experience in this area? Are extensions really not considered part of the freehold? Really don't want to have to engage lawyers but looks like we may have to...
Are you a tradesperson and able to answer this question?
You need to seek legal advice, but personally I would never buy a flat for this exact reason.
However in my option I think it is unfair the two other flats should pay towards for your extension flat roof repairs, that is my option though as we all know the actual law isn’t fair and not always morally right, I’ll be interested to see what the actual law is on this one here.
I don’t think anybody here can answer this with certainty without seeing the agreement signed and knowing the law around property like a specialist solicitor or barrister would.
Hope you get this sorted,
Regards
Frankie
BT Roofing Services
generally flats are a complete pain purely for this reason, it is generally dam near impossible to get all the lease holders to agree repairs, you only need one to disagree and it can cost you thousands in legal fees to try and fix it out, the only time it is near successful if there is a management company taking fees from all flats every month to cover repair costs, I would never buy anything lease hold,
sorry but you only have two options either bite the bullet and pay for it yourself or get the legal eagles involved fall out with your neighbours and empty your bank account.
good luck Alex
