Question 1

Patio Gardens

Accepted Answer

Q: Please would you advise us in our response to the questions asked by the solicitor for a buyer of one of our the apartments on our estate. We are an enfranchised estate with all leaseholders having a 22nd share in the company (22 apartments in all) and all pay an equal share of the annual maintenance charge to maintain the development. The ground floor apartments have a small patio area surrounded by grass. Over the years leaseholders have asked permission of the directors of our estate to extend their patio to join a communal path around the grounds or add stepping stones. The directors have agreed to these changes being made on the understanding that the individual leaseholders will take responsibility for these additions. Leaseholders have been asked to agree to writing. In 2010 the leaseholders for apartment 15 and 16 entered into a joint agreement to maintain their patio extension. Copy attached below. The leaseholder for apartment 15 has died and the apartment is now being sold. The purchasers Solicitor has asked us to clarify the situation. FPRA Hon Consultant Yashmin Mistry replies: Although the agreement has been signed by the parties at the time, it is difficult to see how such an agreement would be binding on any other party that was not party to the original agreement when it was signed in 2010. Given that Flat 15's owner has now died it seems the agreement will not be binding on any incoming purchaser - unless of course a fresh agreement is signed up to between the new parties. Even if a fresh agreement is signed up with the incoming owner, it is not clear how such an agreement would sit in relation to the lease. The agreement does not and cannot vary the terms of the lease and the obligations of the management company under the lease unless a deed of variation has been entered into and registered at the land registry. In terms of moving forward, if the new owner of Flat 15 does not want to sign up to a new agreement, what is Flat 16’s position? Are they happy to contribute the full amount? Or does the patio need to be partially removed? [Submitted October 2016]

Question 2

Patio Gardens

Accepted Answer

Q: Please would you advise us in our response to the questions asked by the solicitor for a buyer of one of our the apartments on our estate. We are an enfranchised estate with all leaseholders having a 22nd share in the company (22 apartments in all) and all pay an equal share of the annual maintenance charge to maintain the development. The ground floor apartments have a small patio area surrounded by grass. Over the years leaseholders have asked permission of the directors of our estate to extend their patio to join a communal path around the grounds or add stepping stones. The directors have agreed to these changes being made on the understanding that the individual leaseholders will take responsibility for these additions. Leaseholders have been asked to agree to writing. In 2010 the leaseholders for apartment 15 and 16 entered into a joint agreement to maintain their patio extension. Copy attached below. The leaseholder for apartment 15 has died and the apartment is now being sold. The purchasers Solicitor has asked us to clarify the situation. FPRA Hon Consultant Yashmin Mistry replies: Although the agreement has been signed by the parties at the time, it is difficult to see how such an agreement would be binding on any other party that was not party to the original agreement when it was signed in 2010. Given that Flat 15's owner has now died it seems the agreement will not be binding on any incoming purchaser - unless of course a fresh agreement is signed up to between the new parties. Even if a fresh agreement is signed up with the incoming owner, it is not clear how such an agreement would sit in relation to the lease. The agreement does not and cannot vary the terms of the lease and the obligations of the management company under the lease unless a deed of variation has been entered into and registered at the land registry. In terms of moving forward, if the new owner of Flat 15 does not want to sign up to a new agreement, what is Flat 16’s position? Are they happy to contribute the full amount? Or does the patio need to be partially removed? [Submitted October 2016]

Patio Gardens

Search

Articles Archive