Can I ask my freeholder to arrange common-area repairs?

[fionah]

I own a leasehold flat in a building containing 7 flats in total. The entrance to our building (porch, inner doors and lobby) need some serious attention, not just for cosmetic reasons but also (certainly in the case of the porch) for safety/security reasons. I have been told that historically each flat went about it's own business and arranged/paid for it's own repairs as it were, but I would like to know whether I would be able to apply to the freehold to specifically request that they organise the repair and upkeep of these particular common areas rather than taking it upon myself to organise estimates/repairs and to have the hassle of trying to get money from everyone in the building to pay for it all - is this generally an acceptable way of doing things?

[Jansy]

Check your Lease. Your problem should be covered in 'Landlords Obligations to the Tenant'. If not, write a letter signed from all the flat owners that are concerned about the problem and send it off to whoever you pay your service/maintenance charges to, whether it be your freeholder, landlord or a management co. Please don't take it upon yourself to get the repairs done, you may find that you'd be liable to pay for any costs incurred. As usually, it's up to the landlord to get maintenance work carried out on communal areas, therefore, it's up to him/her to give permission for repairs to commence. May I wish you the best of luck, I know what you're going through!

[Miss Zippy]

It really depends what your lease says about who is responsible for maintaining common areas, but it would be highly unusual if, in the case of leasehold flats, it was left to the responsibility of the lessees. In reality, landlords delegate the task of maintaining the common areas of flats to a management company, to whom you would pay a regular service charge. Do you pay a service charge? If so, contact the people you pay the service charge to as they will be responsible for looking after communal areas and arranging things like gardening and window cleaning. When you purchased the property, your solicitor should have told you about the arrangements (or lack of) in place to deal with maintenance of communal areas. Assuming you have a mortgage, your lender would have needed to be satisfied that there were appropriate maintenance arrangements in place, otherwise lenders will naturally be reluctant to lend on a property that is likely to be ill maintained. If you have no luck finding out who is responsible for maintaining your communal areas, it would be worth getting in touch with the solicitor who dealt with the conveyancing of your flat for advice. At this stage, I certainly wouldn't take the risk of arranging any works to the communal areas of the property yourself. You risk landing yourself with a hefty bill which none of your neighbours will contribute to.

[fionah]

No I don't pay a service charge, but there is a managing agent involved, who when I contacted them about my areas of concern replied that apparently, the responsibility for maintenance lies with the Leaseholders, and that it is for the Leasholders collectively to deal with external maintenance, altho this was phrased rather differently in correspondence with my solicitors during the purchase of the property, which is why I'm wondering whether I can formally ask for them to sort these particular concerns out rather than take on the responsibility of arranging it all myself. The building isn't falling down or anything, but the porch, inner doors and lobby area really let it down, which is why I am concerned.

[BenDToy]

Obviously if you are not paying a service charge to anyone, there is no money available to pay for the repairs. You could arrange it as a one off deal, and collect the appropriate sum from each household, or you could ask the freeholder to arrange it if they would agree to it.You could elect to appoint a management company the same or differnt to the one at present, and agree a monthly fee to go into a fund. I recommend that you get something established before you arrange for the work to be done, and make sure it covers future work as well.

[Miss Zippy]

If Managing Agents are involved, then what precisely is their job if not to manage the property? You need to ask them. Who arranges your buildings insurance - if this is the responsibility of the MAs then it suggests they should be responsible for arranging maintenance of the communal areas ctc . As I said before, check your lease and see what it says and speak to your conveyancing solicitor if you need help. As BenDToy mentioned, if none of the leaseholders are paying a service charge, then you're not building up a fund from which maintenance costs can be paid so it would be sensible if something can be put in place where each leaseholder is contributing, say, �50 a month to a communal maintenance account.