HELP! Who is responsible for windows of Leasehold flat

Johannac

Hi,

I own a leasehold flat. My double glazing is now in need of repair or replacing (seals have gone so condensation in between windows) and handles are starting to break.

Unfortunately the windows warranty has now expired.

Who is responsible for fixing or replacing my windows? The landlord or myself? My lease states the following in respect of the Landlord (this is just a snapshot where I found windows mentioned:

The Landlord shall maintain repair redecorate and renew and where appropriate cultivate-
(3) (a) load-bearing walls the windows and doors on the outside of the flats within the building (save the glass in any such door and windows and the interior surfaces of walls)

Does this mean they are responsible for ALL windows in the building except any glass that is part of my flat? I know they are responsible for the whole of the communal windows and have fixed these in the past.

I don't want to spend money getting new windows to find out that actually these form part of the building and are therefore down to the landlord to pay for.

Any help would be appreciated.

Thanks

casperlarue

I *think* you have responsibility for the glass and the landlord has responsibility for the frames, including the handles. I have heard of this split situation before, best to get a solicitor to confirm he legal speak though.

princeofpounds

Yes it sounds like you should pay for the glazing and the LL for new handles/frames where necessary.

It's probably to avoid being bothered by broken glass issues.

If your landlord has the same interpretation as you, no need for the expense of a solicitor. The language is fairly plain.

G_M

Agreed. Stems from the days before fitted sealed double-glazed units when there was a wooden frame with glass inserted. LL fixes the frame, leaseholder maintains glass.

You say the warranty has expired, so I guess the windows are (relatively) new. Who fitted them: LL or leaseholder?

Johannac

Thanks everyone, that's what I thought.

You are right, the original windows were single glazed.

The last owners fitted the windows, they must be nearly 10 years old now at least?

Would seals on the frames be classed as something I would need to fix then?

I have a feeling the LL will say that the handles are inside so will be a cost for me, and again the glass seals replacement will also be a cost to me too.

casperlarue

Double glazed units aren't hugely expensive and the seals will be renewed when the units are changed. That's if you mean the rubber strip between the glazed unit and the plastic frame?

cattie

All parts of the double glazed units, including seals & handles are the responsibility of the leaseholder, unless detailed otherwise in the lease, which would be very unusual. So the cost is all down to you I'm afraid.

If the double glazing is only 10yrs old you can get new sealed units put into the existing frames, which should be quite a bit cheaper than having complete new double glazing installed.

ognum

cattie wrote: »

All parts of the double glazed units, including seals & handles are the responsibility of the leaseholder, unless detailed otherwise in the lease, which would be very unusual. So the cost is all down to you I'm afraid.

If the double glazing is only 10yrs old you can get new sealed units put into the existing frames, which should be quite a bit cheaper than having complete new double glazing installed.

You need to get an understanding of the lease, talk with the freeholder but I have recently replaced a large window in a flat I own that was incorrectly fitted by the previous owner and was allowing damp into my flat and the flat below.

I paid for the new window unit and the service charge paid for the re sealing and reinstatement of the tiled balcony, so I paid for the window and inside work, service charge paid for external work!

AndyGuil

Normally the leaseholder has responsibility but changes may need to go through the freeholder as the building may have a style/appearance that it must maintain.