Criss cross lease and floor joists query!

[bawpie]

Good evening,

I own an upper Tyneside flat, with a Tyneside/Criss Cross lease. My neighbour owns the downstairs flat. The lease states that the ‘demised premises’ (the demised premises being my property) is ‘all that portion of the building above the level of the top of the brickwork supporting the joists upon which the floor of the first floor flat rests’. It also states that the ‘other flat’ (the other flat being the downstairs property) consists of ‘all that portion of the building below the level of the top of the brickwork supporting the joists upon which the floor of the demised premises rests’.

My neighbour is stating there is an issue with the joists that support our floor/his ceiling - which I am disputing. However, looking at the lease itself, I'm finding it really difficult to understand who is responsible for the joists, as to me, it seems that I am responsible for everything above the level of the top of the brickwork supporting the joists...which isn't the same thing as everything above the joists and including the joists...I don't think? Also it states in the lease that our property has 'the right of support' whereas the lower flat has the 'right of shelter'...so I can't decide if we'd both be responsible (as I guess the joists support our floor and his ceiling?).

Any advice appreciated and thanks for reading.

[Kati]

Re: Criss cross lease and floor joists query!

[MENTION=15129]Crazy council[/MENTION] might be able to advise (I've tagged him) ... is there any chance you can post up a redacted copy of your tenancy agreement (so we can look at the wording)?

[bawpie]

Re: Criss cross lease and floor joists query!

Thanks Kati, is the tenancy agreement the same as the lease? I don't have a redacted copy, but I could try and upload one if that would be helpful. Thanks again

[R0b]

Re: Criss cross lease and floor joists query!

Usually the right of support means that the lower buildings cannot be neglected or demolished which would cause the upper flats to collapse.

Is this a lease with Newcastle council by any chance?

There should be something in there about obligations such as what you are required or obligated to do e.g. Maintain the structure that supports your flat

[bawpie]

Re: Criss cross lease and floor joists query!

Hi R0b, the property is in the Newcastle area. I've posted a copy of the redacted lease below. Thanks.

Redacted Lease

[Crazy council]

Re: Criss cross lease and floor joists query!

Hi

your lease has provisions for settling this

in part ** it detail on how to deal with disputes ( call in an architect if needed )

and schedule 5 deal with how payment can be decided here.

I suspect, identifying the cause of the faults will be the issue argued over here.

Your responsible for the joists, for normal wear tear and damage, accidents ( like water spills and general problems with aging, damp ), but you would not be responsible for any issues caused by the downstairs flat ( like fixing extra beem to ceiling, hanging punch bags from the beam, to much waight hung on the beems ). Both your building insurances should cover the joint claim if required ( insurances can overlap lease boundrys )

My advise would be :
Identify the root cause of the probelm
Get an architect in if you dont agree ( as per lease )