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I understand that a lease needs to be read in full to give a proper answer but I am going to give you a bit of the story and some clauses from the lease and hopefully, someone will be able to help.
Me and my partner own the leasehold in a garden flat, 1 of 4 flats that make up the freehold. Each owner of the 4 flats is a quarter owner of the freehold and each is a director of the management company which serves the building. Several months back me and my partner discovered that our floor in the sitting room was rotten and unsafe and needed replacing ASAP, we also discovered that there was a cellar underneath the sitting room floor. We notified the other owners that we would be commencing work to fix the floor and make our flat safe.
To do this we had to remove a couple of tonnes of rubble from the cellar beneath and then as advised by building control, pour a reinforced slab of concrete into the space and then build up from here using pillars in the corners and then block and beam for the sitting room floor. The work was finished months ago, signed off by building control, and then the other owners also decided to contract a structural engineer (because they didn't trust building control) to inspect the work who said it had improved the building and was a good addition to the building we thought that was going to be the end of it, how wrong we were. Also, note that the sitting room floor is back to how it was as in you can't tell any work has been done from our flat. The other owners then decided we had breached the lease because we didn't ask their permission to fix our floor. They are referring to the clause in the lease which says "not to make any additions and alterations to any part of the demised premises (except interior alterations or additions not affecting any other part of the property).
From our point of view we don't think we have breached the lease because of the following clauses:
The right of support (as at present enjoyed) for the demised premises from the land on which the building stands and from other parts of the property and of support shelter and protection for the demised premises from all other parts of the building capable of providing the same.
The lessor should keep in a good state of repair the roof and foundations
It also says we own the joists below the floor and ceiling above the unit
Have we breached the lease?
Should the management company actually have paid for the repair work carried out?
Any insight would be greatly appreciated as they are now taking steps to try and sue us.
Me and my partner own the leasehold in a garden flat, 1 of 4 flats that make up the freehold. Each owner of the 4 flats is a quarter owner of the freehold and each is a director of the management company which serves the building. Several months back me and my partner discovered that our floor in the sitting room was rotten and unsafe and needed replacing ASAP, we also discovered that there was a cellar underneath the sitting room floor. We notified the other owners that we would be commencing work to fix the floor and make our flat safe.
To do this we had to remove a couple of tonnes of rubble from the cellar beneath and then as advised by building control, pour a reinforced slab of concrete into the space and then build up from here using pillars in the corners and then block and beam for the sitting room floor. The work was finished months ago, signed off by building control, and then the other owners also decided to contract a structural engineer (because they didn't trust building control) to inspect the work who said it had improved the building and was a good addition to the building we thought that was going to be the end of it, how wrong we were. Also, note that the sitting room floor is back to how it was as in you can't tell any work has been done from our flat. The other owners then decided we had breached the lease because we didn't ask their permission to fix our floor. They are referring to the clause in the lease which says "not to make any additions and alterations to any part of the demised premises (except interior alterations or additions not affecting any other part of the property).
From our point of view we don't think we have breached the lease because of the following clauses:
The right of support (as at present enjoyed) for the demised premises from the land on which the building stands and from other parts of the property and of support shelter and protection for the demised premises from all other parts of the building capable of providing the same.
The lessor should keep in a good state of repair the roof and foundations
It also says we own the joists below the floor and ceiling above the unit
Have we breached the lease?
Should the management company actually have paid for the repair work carried out?
Any insight would be greatly appreciated as they are now taking steps to try and sue us.
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