Quiz - how well do you understand your lease?
Understand the key things you should know about your lease. If you are a purchaser, this can help make sure your solicitor has covered all of these points and explained them clearly to you.
It depends on the terms of the lease between the building owner (the freeholder) and the leaseholders.
In this case the First-tier Tribunal (Property Chamber) (“the FTT”) decided that the costs of recladding can be recovered from the leaseholders through the service charge and that the landlord’s obligations for “renewing or otherwise treating as necessary” and “in good and substantial repair order and condition” went beyond simple repair as the fire risk from the cladding meant the blocks were not in such a condition.
In addition “rectifying or making good any inherent structural defects” appeared to encompass removing the defective cladding and its replacement with fire resistant cladding.
Please note that this decision does not have to be followed by another tribunal faced with a similar legal issue. Each case is decided on the particular lease and the particular facts.
Even if the lease doesn’t say anything about passing on fire safety costs to leaseholders, the freeholder might still be able to.
Freeholders might use something called a ‘sweeping-up’ clause. This could allow freeholders to get leaseholders to pay for a range of unexpected costs.
These costs could include:
- money spent for the ‘benefit of the building’
- money spent to enable ‘good estate management’
More information you might find useful:
- Who pays for safety measures until my landlord makes my building’s cladding safe?
- Who pays for a fire risk assessment?
- Who is responsible for carrying out a fire risk assessment?
- More Frequently Asked Questions on Fire safety
- Leasehold high-rise flats: who pays for fire safety work? – House of Commons library briefing paper
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers.