Does a freehold invalidate the terms of a leasehold?

Ildewil

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I am currently experiencing a rather pressing issue. My lease does not state exactly how much I have to pay by apportionment but all along my annual invoice has always had the 11.15 % as my apportionment. 6 months ago we bought the freehold after some unresolved issues from the freeholder and we started managing it as directors and they first issues that came up was that they wanted to split the service charge equally but being the smallest flat, I was opposed to it and we reverted back to the apportionment method, i.e by square footage.

When I spoke to the previous managing agent, the said that this has historically done by apportionment and they've also told me that the apportionment method is the best method of dividing cost by Sq footage when apartment sizes varies.

Please note that it is two buildings that are part of the freehold and when we use to be under a management company, I had no idea that the freeholder was one person so when we bought the freehold, we bought it as one building, the buildings are next to each other. In simple language, the cost as treated as the cost from one Household and when the works came up, I largely supported it but I told them I will only abide by apportionment method but they said that a fairer system will be a flat split because everyone benefits from a roof as you can imagine the entire votes really came from the big flat.

Two lots of payments is requested for my flat, the first one being, £795 and second £940 (X 10 flats). As pointed out, apportionment by square footage is not specified by my lease, it was historically done by discretion, on the basis of fairness according to the managing agent and neither does the lease say's anything about roof repairs or what percentage of service charge I should pay.

The disturbing question is do l carry on with this equal split for the current roof repair, is this in my best interest because my lease has not given me a solid stand about my apportioning being 11.1%, although the service charge is apportioned by %, i.e square footage following historical practice from the management firm that we use to have.

Please share your best opinion. thank you
 
Welcome to AAM but note this is an Irish site, so may not be able to offer advice relevant to your situation. Where are you based?
 
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