Window and frame needs replacing in my leasehold top floor flat - who is responsible?

Hazzabee

I would be grateful for advice from the learned people on here about whether I (the lessee) or the freeholder should be paying to replace a window in my flat. Please could you read the latest email below sent to the management agency which I think explains the situation, and let me know your thoughts.

I have been reading the lease for the property and my understanding from this is that wear and tear damage to the frame around the window is the responsibility of the freeholder, whereas if it is just the window that needs replacing this is done by the leaseholder.

In this case it is both the wooden frame around the window attached to the building that has rotted badly, as well as the frame around the Velux window itself.

As the frame attached to the building is damaged, does this affect where responsibility lies for its repair?

I seem to recall that as part of the major maintenance work that was carried out on the front elevation of the whole building last year and paid for out of the maintenance budget, repair work was done on the exterior window frames for the 1st and 2nd floor flats. Does this set a precedent for similar repair work to be done on the window frame in Flat 6?

I would just like to be absolutely certain regarding responsibility for this work before any cheques are signed as quotes that I have been obtaining indicate that it is likely to cost several hundred pounds.

G_M

Rather than quote your rather vague interpretation of the lease, quote the lease itself!

We can then comment on it.

Kynthia

It all depends on the lease and they can differ greatly so others can't help without seeing what your lease says.

Hazzabee

Quotes from the lease:
(my property is Flat 6)

The Second Schedule before referred to The Reserved Property:
...Thirdly all those the main structural parts of the buildings forming part of the estate including the roofs foundations and external parts thereof (but not the glass or sashcords of the windows of the flats)

The Third Schedule before referred to The Premises
All that Flat forming part of the property situated on the third floor and being one of the flats and known as Flat Number 6 aforesaid. All which said Flat and premises are for the purpose of identification only and not of limitation delineated on the plan annexed hereto and thereon edged Red TOGETHER with the external balcony where the same exists and the ceilings and floors of the said Flat and the joists and beams on which the floors and laid TOGETHER with all cisterns tanks sewers drains pipes wires ducts conduits and all windows frames and doors used solely for the purpose of the said Flat but not others...

The Lessee shall maintain uphold and keep the premises and all walls sewers drainspipes cables wires and appurtenances thereto belonging in good and tenantable repair and condition.

Does that help?

G_M

No.

I assume the bit of schedule 2 you have quoted falls within the freeholder's responsibility- but you have not quoted enough to be clear.

Similarly schedule 3- what about "all that flat..."???

Hazzabee

The second schedule is indeed what falls within the freeholder's responsibility. I have tried to quote what is relevant as it is very long.

I have quoted the third schedule exactly as it is written. Actually there is more at the end of the third schedule which is relevant:

EXCEPT AND RESERVED from the demise the main structural parts of the buildings of which the said Flat forms part including the roof foundations and external parts thereof but not the glass and sashcords of the windows of the said Flat nor the interior faces of such of the external walls as bound the said Flat.

propertyman

IN short the windows are yours to repair. The quotes refelct a very common wording used in alot of leases.

However, the landlords obligations will likley be to repaint the exterior on a periodic basis. If they have failed to do so then you would have a claim against them.

In most cases if they are planning to do work on the exterior in the near future a temporary repair with a wood hardner and resin based filler and patch priming might be a lot cheaper for you to do.

When the exterior is painted windows are often repaired under that contract, at the flat owners cost, as it is cheaper to do that when access scaffold is needed.

ognum

I had to replace a window frame in one of my leasehold flats, the management group for the freeholder did the work on the balcony to prevent damp incursion at the same time. My resposibility was the window there's the exterior balcony repair.