Disagreement on share of Freehold decorating obligations?Make Text Bigger
There is a disagreement regarding the shared cost of decorating a ‘communal hallway’. We are four flats, all four flats have an equal 25% share of the freehold which we purchased some years ago. Our names are registered on the Land Registry. We split cost of works to the exterior of the building, building insurance etc – we do not have a management company, ‘we self-manage’.
Three of the flats share an entrance with a small communal hallway. The Basement flat has its own separate entrance. The basement lease says: where the demised premises is a Basement flat with its own separate entrance the service charge shall not include any contribution to the cleaning and decoration of the internal common parts of the building.
As we have 25% equal share of the freehold, am I correct in understanding the same terms of the lease would apply – the basement flat is excluded from contributing to the cost of decorating the communal hallway?
Some of the shared freeholds are saying that as we have a share in the freehold the basement flat is equally responsible for these costs. Surely although we share the freehold, we still have a lease and the lease is binding?
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