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Balcony Repairs in Leasehold Flats

Who is responsible for repairing the surface of my balcony?

Balcony repairs can cause disputes because a balcony can feel like part of the leasehold flat, but it is also part of the buildings external structure. When something fails (water damage, cracked concrete, damaged floor surface), responsibility for attending to the repair will depend on what the lease says.

Start with the lease

Most leases will distinguish responsibility between:

• The landlord/freeholder – usually the structure and exterior of the building (and common parts), often paid for via the service charge.
• The flat owner – usually the internal parts of the flat and balcony surface finishes.

Look for definitions such as “structure and exterior”, “retained parts” or “maintained property.” That wording is key.

Balcony parts: structure and finishes

A balcony has different layers, and the answer often changes depending on what the repairing issue is:

• Concrete slab/structural platform. This is often treated as part of the building’s structure, so commonly the landlord’s responsibility.
• Waterproofing layer. This can be the grey area. If it is part of the building’s external waterproofing (protecting the building), it may be the landlord’s responsibility. If it is more connected to the balcony finish (for example without tiles or decking installed on top), it may fall on the flat owner depending on the lease wording.
• Tiles, decking, coverings (surface finishes). Leases will usually treat such coverings in a similar way to flooring inside the flat. Maintenance of these items will usually fall to the flat owner.

The balcony is excluded from the demise

A lease can give the flat owner simply a right to use the balcony as part of their demise, with the landlord responsible for structural and external parts. Some leases will have hybrid wording where the balcony is excluded from the demise but where an obligation is placed on the flat owner to maintain the surface area.

Remember too, that a flat owner may be liable for damage caused from breaking terms of the lease. For example allowing plant roots or plant pots to damage the water proofing surface.

Why a surveyor can matter

Even where the lease seems clear, a surveyor can confirm what has failed (slab, waterproofing, or surface finish). That factual point often decides which lease clause applies.

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Quastels Announces New Partner Appointments

Quastels LLP is pleased to announce that Nargiz Abdullayeva is now a partner, and the arrival of Ben Gale and Charlotte Vallins as partners, marking an important step in the continued growth and strengthening of the firm’s real estate and corporate practices.

These appointments reflect Quastels’ ongoing commitment to recognising exceptional talent from within the firm while also attracting highly regarded lawyers who bring depth of experience, strong market reputations and a client-focused approach.

Nargiz Abdullayeva, Residential Real Estate

Nargiz Abdullayeva is now partner following an exceptional career progression at Quastels. She joined the firm’s Residential Real Estate team as a solicitor in 2018 and brings over 10 years’ experience advising on high-value residential transactions for UK and international clients.

Nargiz has played a key role in the development of the firm’s Residential Real Estate practice and leads on Turkish client transactions, combining deep market knowledge with strong commercial insight. In her new role as partner, she will continue to strengthen the firm’s real estate offering, heading Turkish client transactions and supporting clients on complex, cross-border matters. Her promotion reflects both her technical expertise and her significant contribution to the firm’s growth.

Her appointment reflects both her technical expertise and her significant contribution to the firm’s growth.

If you’d like to discuss how Nargiz and her team can assist you in residential real estate matters, whether UK-based or international, please contact her via her email, nabduallyeva@quastels.com or call +44 7799 277084.

Ben Gale, Corporate

Ben Gale has joined Quastels as a partner in the Corporate team, bringing extensive experience advising a broad range of clients, from entrepreneurial businesses to established corporates, on UK and cross-border matters.

His practice covers mergers and acquisitions, private equity and venture capital transactions, joint ventures, restructurings and general corporate advisory work. Ben has particular sector expertise in retail, hospitality and leisure, the testing, inspection, certification and compliance (TICC) sector, and the fast-growing online prize draws and competitions (PCD) space. 

Ben joins the firm from Irwin Mitchell and is highly regarded for his commercial focus, responsiveness and ability to drive transactions forward under demanding timeframes. He was recently shortlisted for Corporate Lawyer of the Year at the Insider Media South-East Dealmakers Awards, reflecting his strong market standing and dedication to client service.

If you’d like to discuss how Ben and his team can assist you in corporate matters, please contact him via his email, bgale@quastels.com or call +44 7341 590470.

Charlotte Vallins, Commercial Property

Charlotte Vallins has joined Quastels as a partner in the Commercial Property team. Specialising in commercial real estate for private and institutional investors in relation to freehold and leasehold acquisitions, disposals and financings of all complexity, she brings more than 15 years’ experience.

Charlotte joins Quastels from a large regional firm and is known for her proactive, pragmatic and client-focused approach. She is recognised for her attention to detail, clear communication and ability to deliver timely, commercial results. Charlotte is also listed as a Next Generation Partner in Legal 500, where she is praised for her professionalism, depth of knowledge and outstanding client service.

Her appointment further strengthens Quastels’ Commercial Property offering and reinforces the firm’s commitment to delivering high-quality, commercially focused advice.

If you’d like to discuss how Charlotte and her team can assist you in commercial property matters, whether UK-based or international, please contact her via her email, cvallins@quastels.com, or call +44 7351 590460.

Looking Ahead

The promotion of Nargiz and the appointments of Ben and Charlotte represent an exciting chapter for Quastels as the firm continues to build depth across its core practice areas. Together, they enhance the firm’s ability to support clients with complex, high-value and strategically important matters, both in the UK and internationally.

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Transfer of Equity to a Family Member: Costs, Tax and the UK Process

This is a legal process where the ownership of a property is changed by one or more people being added or removed from the property title.

The common reasons people choose a Transfer of Equity:

• Marriage or Civil Partnership: adding a spouse or partner to the title.
• Divorce or break-up: removing a former partner from the title.
• Buying out a Co-Owner: one owner purchasing the other owner’s shares.
• Gifting property to a relative.
• Creating a more favourable tax position for the family.

Can we use the same solicitor, or does each person need their own solicitor?

It depends on the circumstances. Your solicitor will be able to answer this once they have all relevant information of the proposed transfer.

Are there any Tax implications on transferring your property?

• Stamp Duty Land Tax (‘SDLT’) may be payable if the transfer is for any payment, or if a mortgage debt is being repaid or remaining on the title.
• If you want to transfer your property as a gift, you may be liable for capital gains tax and there will be inheritance tax consideration.

Quastels’ Private Wealth team can assist with any tax queries involving transfers of equity and wider tax planning considerations.

What is the process?

1. If the property is mortgaged, first speak to your mortgage lender as their consent may be required for the transfer.
2. Take tax advice and appoint a solicitor. At Quastels, we can advise on the tax position as well as deal with the conveyancing (the conveyancing costs will be lower than a normal purchase).
3. If the property is leasehold, a ‘licence to assign’ may be required, which is the landlord’s consent to the transfer. Your solicitor will check the lease to see if this is required and if so, will obtain it as part of the process.
4. All parties to the transfer will need to sign a Transfer Deed with an independent witness.
5. Once all above points have been satisfied, completion can take place and your solicitor will deal with any necessary payments.
6. Depending on the circumstances, SDLT may be payable and your solicitor will lodge the SDLT return.
7. If Leasehold, your solicitor will serve notice of the transfer upon the managing agents to ensure they update their records.
8. As the final part of the process, your solicitor will send an application to H.M. Land Registry to update the property ownership details.

To discuss a Transfer of Equity, contact our Residential Real Estate team, and our Private Wealth & Tax team.

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