Other leases
20.The FTT was not shown the leases of other flats in the building. During the hearing of the appeal Mr Reekie produced his own leases of Flats 1 and 2 and copies of the leases of Flats 3 and 8. 21.The leases of Flats 1 and 2, on the ground floor, are different from the lease of Flat 5 on the first floor, in at least the following three respects. First, they do not include a grant of the right to use the lift. Secondly, in Part Two to the Fifth Schedule, clause 1 does not include a reference to the lift amongst the examples of parts of the main structure used only by some of the leaseholders, nor does it refer to the driveway leading to the garages at the rear. And thirdly, the lease of Flat 2 (but not of Flat 1) includes a proviso at the end of clause 1 stating specifically that the tenant is not required to contribute towards the cost of lift insurance, lift maintenance or staircase lighting or cleaning. 22.The leases of Flats 3 and 8 (and, as far as Mr Reekie is aware, those of the Flats 4, 6 and 7) differ from that of Flat 5 only by the inclusion of a covenant by the tenant to: “contribute and pay one sixth part of the cost of maintaining, insuring, servicing and (if necessary) renewing the lift, lift shaft and all other machinery comprised or used in connection with the lifts installed in the Building.”