Broken window in my Leasehold flat - Who is responsible?

leachyd

Hi there, slightly long post, which hopefully gets my query across without being overly verbose;

As the title suggests, i own and live on the ground floor of a small block flats( 3 joined blocks of roughly 12 flats over 3 floors in wach block). Its a new development, and was completed less than a year ago, though i moved into my property jusr over a year ago. Very shortly after I moved in I noticed a crack in the inside pane of the double glazed window of my master bedroom (the window is set into an external wall). I'm pretty sure it wasnt there when i moved in, but I'm entirely certain i didnt do anything to cause the crack myself. I wondered how it had become cracked, but havent done anything to rectfiy the problem since (so the crack has extended).

I'm looking for some advice as to whom is responsible for the repair/replacement of the cracked window, and if they arent the same, who is reponsible for paying for the costs of the work done. The lease is held between me and two other parties - the landlord (Taylor Wimpey), and a management company to whom all residents pay ground rent and service charges for the upkeep of communal areas - you know the score!

Anyway, the lease defines what the "flat" (Itself defined by a plot number and outlined plan) comprises and what the "main structure" comprises. According to this, amoungst other things, my flat includes "The glass if any, and frames and internal doors (including glass and fastenings)", whereas the main structure includes "All windows and doors and windows and glass and frames on external walls of the flat". I'd take this to mean that the windows arent part of my flat, and are infact part of the main structure, would you agree?

Assuming I'm correct in stating that the windows are part of the main structure, does that mean that the management company are responsible for its repair, even though it would appear to have been broken from inside my flat? A schedule in my lease titled "Covenants by the management company in respect of the Buildings and Common parts" states that they must "keep the common parts in good state of repair". And covenants by the buyer include the following possibly relevent;

1. Repair - "To keep the property....in a good state of repair"
2. Alterations - "Not to......make any structural alterations to the property or replace any of the windows thereof"
3. Damage - "Not to place any excessive weight or strain on the floors of the property and to repair or pay the cost of repairing any damage which may be caused by a breach of this covenant"
4. Windows - "To keep the windows in the property clean....."

Now then, if they are responsible for repairing/replacing, what does that mean in practice? Obviously if the management company is bound to replace the window then ultimately it will be paid for in equal measure by me and all the other leaseholders, but will the management company be obliged to itemise this in it's annual report? If so, I'd imainge my neighbours would be pretty cheesed off to be paying for my broken window (I know i would be!). If that was the case I'd prefer to eliminate any aggro between my neighboursand pay for the repairs myself (even if I wasnt obliged to), but i guess that would still need to be channeled throught the management company, and could become quite costly.

In summary, it seems to me that the broken window, despite essentially being inside my flat is the responsibility of the management company to repair/replace, though the bill will ultimately be footed by me and the other leaseholders, who may well not be very happy about doing so, in which case it may be worth me reimbursing the management company for costs incurred.

Thanks very much for taking the time to read, it would be great to hear some constructive advice please. Im not really looking for a moral debate as to who should foot the bill, but just to establish the meaning of the lease and covenants.

D

dimbo61

Why dont you contact a local double glazing firm and find out how much it would cost you to replace the unit ! If cheap you could pay for it yourself .
Are the builders still on site? Could you contact Taylor Wimpey and state the glass has cracked and there is a fault ( it may well be replaced free of charge as less than 1 year old.
Report it now

Notmyrealname

The repair of the glass is down to you, the owner of the flat.

societys_child

2 Alterations - "Not to......make any structural alterations to the property or replace any of the windows thereof"

I would think this applies to the frames, not the double glazed units.