Demands By Management Company

kathekas

Hi

We are advised by our solicitor that the windows in our second floor flat are our responsibility.

He also advises that we do not need permission from the Management Company to change the windows, as this is not classed as an alterations. In fact there have been court cases to support this.

The management company say if we do not gain permission, for which they charge, then when we come to sell the property it will cause problems.

The management give a discount to leaseholders having upvc windows due to no painting required. They say I will not get this if we do not gain permission.

I would welcome your thoughts.

Thank you.

Our lease says:

SUBJECT to subclause (8)(b) of this clause not at any time during the Term to make any structural addition or alteration to the Demised Premises and not to remove alter or reposition any partition wall or walls nor make any openings in any of them nor to remove any Landlord's fixtures and fittings without the previous written consent of the Landlord nor without such consent to carry out any operation constituting development within the meaning of the Town and Country Planning Act 1990

bryanb

Seems to me you'd be removing Landlord's fixtures

kathekas

I am the landlord, I own the lease, they are my windows, sorry I should have explained better.

Ulfar

kathekas wrote: »

I am the landlord, I own the lease, they are my windows, sorry I should have explained better.

You are not the landlord in this context your are the leaseholder, the landlord is the freeholder.

Unless there is a clause mentioning the windows re the leaseholders responsibility then they are up to the freeholder to maintain as part of the structure.

scottishblondie

The landlord is the freeholder, not the leaseholder.

bryanb

kathekas wrote: »

I am the landlord, I own the lease, they are my windows, sorry I should have explained better.

From your post it seems you are a leaseholder not landlord

kathekas

Ulfar wrote: »

Unless there is a clause mentioning the windows re the leaseholders responsibility then they are up to the freeholder to maintain as part of the structure.

Yes there is that clause. I want to replace them and the managing agents are demanding that I seek their approval and pay for the privilidge !!!!!!!!!

bryanb

kathekas wrote: »

Yes there is that clause.

Why not post that clause?

Ulfar

You need to post the clause about the windows and any clauses mentioning fees for permission.

Very difficult to give advice on half the information.

kathekas

Definition of the demised premises.

All doors and door frames and windows and window frames and all glass therein used or intended to be used solely for the flat

But excludes All external paintwork of the doors and door frames and windows and window frames

Hope this is of help, apologies for this omission.

bryanb

Sorry but would you quote the complete clause referring to windows.

Demised premises means your flat.