Please, can you help me on 3 and half lines of my flat leasehold?

[Mr Ian]

Please, can anyone help me on 3 and half lines of my flat leasehold, I am struggling with the wording.

Do I have to pay towards the roof, I own a first floor flat, this is stated on page 1 of my leasehold.

The ground floor flat is excluded from all repair payments because they are the primary leaseholder and they sold the other flats and have exempted themselves from building maintenance costs.

There are 7 flats in the building, 2 basement, 1 ground floor, 3 first floor flats and one second-floor flat.

I have studied the 14 page leasehold, and it clear states that I contribute 1/6 to repairing walls, sewers,driveway,electric cables, building insurance etc. but when it comes to the roof it states the

following.

Read on---

FOR THE avoidance of doubt IT IS HEREBY DECLARED that (in the case of ground floor flats) the site of each such flat is not included in the demise and that (in the case of second-floor flats) the demise shall include the roof so far as the co-extensive with each such flat .

Is the second floor flat owner responsible for the roof?

[Scot22]

I read it that it is second floor responsibility, specifically stated. Are ground floor flats responsible for things the second floor aren't ? I wonder if it is an unfair term ? Do flats in the middle escape responsibility for the building ?

[EnglandPi]

I would suggest we need more text to form an opinion, as we could be taking the intention of the clause out of context?

There is no mention of the first floor. Looking at the style of the text it would appear to pre-date modern legislation and would not be bound by it.

[Mr Ian]

Thank you Scott22 and Englandpi, firstly the leasehold contract was created in May 1988, does this mean it is out of date?
Also the language of the contract clearly specifies that I have to pay 1/6 towards the walls, sewage, driveways etc i.e it clearly states what I have to contribute to.
Also please note the ground floor flat is the primary leaseholder and they have exempted themselves from any form of financial contribution.
The only reference to the roof is --

FOR THE avoidance of doubt IT IS HEREBY DECLARED that (in the case of ground floor flats) the site of each such flat is not included in the demise and that (in the case of second-floor flats) the demise shall include the roof so far as the co-extensive with each such flat .

Does this mean that the second floor flat is entirely responsible for the roof?

[Scot22]

Sorry Mr.Ian but I've never known a lease like it. It seems unreasonable to me. However, I think you are stuck because what you signed is explicit.

[EnglandPi]

We need to see the preceding text.