Windows in leasehold

rarnold

Hi there,

A window mechanism (not the glass) has broken in our flat. I honestly have no idea how this came to pass (as it was when we had a flat mate living in there) but it won't close and secure properly.

It's a second floor flat and the window is the bottom part (e.g not the roof part but the wall part of a bi-lite roof window.)

We've had someone round from the management company of the flat block to look and the freeholder has sent two people round (who actually took parts out of the window mechanism) and still the window won't close.

After lots of going back and forth on emails (and a 30 day wait for a response despite sending further emails) the freeholder has now come back that the windows are out of guarantee so we should contact the window manufacturer and either get them to fix ir or replace it at our expense.

Now, this sounds like a huge cop-out to me- that he can't find someone to fix it and can't be bothered! The fact that his workmen have come and taken parts out of the window surely means they're now responsible for it. Also, in a leasehold aren't the windows the responsibilty of the freeholder?

Can anyone advise me of my rights here?

Thanks

ACG

Do you own the property?

rarnold

Hi there, yes we do

cattie

As you own the property & it's an interior problem, it is down to you to get it fixed. I would have thought as it was a friend of yours who broke it in the first place you'd have assumed it was your responsibility rather than trying to get freeholder on board to pay for it.

The freeholder is only responsible for exterior parts of a property (& this often excludes windows) plus any common parts of a building. I think you were very lucky that the freeholder even bothered to send somebody to have a look in the first place & no he is not coping out as you think.

G_M

cattie is right about the liability dueto friend, & probobly right about freeholder/leaseholder repairing obligations.

But a quick read of your lease to check will do no harm.

Even if it does not help, understanding your lease may be useful in many ways in future

ACG

Im a bit surprised that there is even a debate about it. I just assumed it would be the leasholder anyway.

Probably worth checking, but if it was a friend of yours fault then they should be paying to put it right anyway.

pinkshoes

rarnold wrote: »

Hi there,

A window mechanism (not the glass) has broken in our flat. I honestly have no idea how this came to pass (as it was when we had a flat mate living in there) but it won't close and secure properly.

It's a second floor flat and the window is the bottom part (e.g not the roof part but the wall part of a bi-lite roof window.)

We've had someone round from the management company of the flat block to look and the freeholder has sent two people round (who actually took parts out of the window mechanism) and still the window won't close.

After lots of going back and forth on emails (and a 30 day wait for a response despite sending further emails) the freeholder has now come back that the windows are out of guarantee so we should contact the window manufacturer and either get them to fix ir or replace it at our expense.

Now, this sounds like a huge cop-out to me- that he can't find someone to fix it and can't be bothered! The fact that his workmen have come and taken parts out of the window surely means they're now responsible for it. Also, in a leasehold aren't the windows the responsibilty of the freeholder?

Can anyone advise me of my rights here?

Thanks

I had exactly the same issue with the bathroom window in my 2nd floor flat. I bought a new latch and fixed it myself, although it was rather tedious and tricky to do!

It is nothing to do with the freeholder. It's an internal thing that you need to sort out and pay for yourself.

propertyman

Sigh the above generalisations about inside and outside are all :rotfl:

Who is responsible for what depends entirely on the wording of the lease, it is as common for the window to be retained and the freeholder's responsibility as it is for it to be demised and be the leaseholder's.