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Hello,
I live on an estate which has 6 shared ownership houses and 8 flats. The houses are allocated our own bins and the flats have a shared communal bin shed which is key coded shut.
The flats also had some redecorating done in the communal flats main entrance which is also only accessible by the flat occupants.
I have had my service charge for the year which contains charges relating to unplanned bin shed rubbish removal and painting of the communal entrance inner wall and I believe these charges should only be applicable to the flats. I have look over my lease and have found this covenant under landlords responsibilities...
"subject to payment by the leaseholder of the specified rent and management fee, to use reasonable endeavours to maintain, repair and redecorate a) the communal facilities (if any) b) the service media , c) all other parts of the estate not included within the Demise of the premises"
The definition for a communal facility in the lease is "Those parts of the estate located within the estate which are or may be used or enjoyed by an occupier of the premises in common with any other person or persons"
And the definition of estate is "the land and buildings now or formerly comprised In the title number.
My arguement to them is the bin store and communal entrance are not accessible to me and not "enjoyed" by me as a communal facility as I have no access. The lease also contains a plan of the estate with my property outlined in purple which defines the property boundaries and has another yellow line that is suppose to outline "shared areas" which none are highlighted.
My main question is can a certain area be defined as communal and estate at the same time? Could they argue charges relating to the bin store are under estate works rather than "repair of communal facilities" ?
I'm not sure if estate usually covers buildings/the land itself only or could include internal communal facilities.
Any help would be appreciated
Many thanks
I live on an estate which has 6 shared ownership houses and 8 flats. The houses are allocated our own bins and the flats have a shared communal bin shed which is key coded shut.
The flats also had some redecorating done in the communal flats main entrance which is also only accessible by the flat occupants.
I have had my service charge for the year which contains charges relating to unplanned bin shed rubbish removal and painting of the communal entrance inner wall and I believe these charges should only be applicable to the flats. I have look over my lease and have found this covenant under landlords responsibilities...
"subject to payment by the leaseholder of the specified rent and management fee, to use reasonable endeavours to maintain, repair and redecorate a) the communal facilities (if any) b) the service media , c) all other parts of the estate not included within the Demise of the premises"
The definition for a communal facility in the lease is "Those parts of the estate located within the estate which are or may be used or enjoyed by an occupier of the premises in common with any other person or persons"
And the definition of estate is "the land and buildings now or formerly comprised In the title number.
My arguement to them is the bin store and communal entrance are not accessible to me and not "enjoyed" by me as a communal facility as I have no access. The lease also contains a plan of the estate with my property outlined in purple which defines the property boundaries and has another yellow line that is suppose to outline "shared areas" which none are highlighted.
My main question is can a certain area be defined as communal and estate at the same time? Could they argue charges relating to the bin store are under estate works rather than "repair of communal facilities" ?
I'm not sure if estate usually covers buildings/the land itself only or could include internal communal facilities.
Any help would be appreciated
Many thanks
