Freeholder refusing permission to replace windows

Mokka

We are at the end of our wits: our refurbishment plans have been completely derailed by our freeholder unreasonably withholding their consent to replace windows.

Our wooden framed windows are from the 60s and have rotted, due to poor maintenance. In summer we applied for permission to replace them- this was declined (the reason was that the windows will be replaced at some unspecified point in the future).

In November we discovered the damage was very extensive- the replacement is no longer a choice but a necessity. Our freeholder is refusing to replace the windows (in breach of the repairing covenant in our lease) but still won't let us do this ourselves. There are 3 fist-sized holes in the windows letting the wind and rain through. I believe that counts as disrepair.

So far we have pointed out that:
- the windows are in serious disrepair so it is not optional for the landlord to fix them- it is their legal duty
-the landlord cannot unreasonably withhold consent for leaseholder's improvements (Section 19.2 Tenant and Landlord Act 1927)
-such refusal is against the freeholders' own policy (the freeholder is a local authority)
-the freeholder provided no good reason for their refusal and the improvement will be of benefit to them

We have also threatened legal proceedings for disrepair. I have no doubt the court would grant us the required permission but I am worried that legal proceedings could take months. We gutted our kitchen and packed everything 2 months ago: we can't go on living like this for much longer.

Has anyone had any experience with 'self-help' option as recommended by the Leasehold Advisory Service? It says the expenses incurred remedying the disrepair can be recovered from the freeholder if the leaseholder follows the correct steps (notifies the freeholder, sends 3 quotes for the work etc).

Any advice would be appreciated.

HappyMJ

What sort of property is this?

princeofpounds

No experience in it unfortunately, but I'd say it's the avenue to go down if they are being that obstinate. It's clearly not something you want to wait around for too long.

bouicca21

Is this local authority block or some random property that the local authority just happens to own?

I imagine that the ultimate rationale is that they want to do all the windows so that they are all the same.

Have you spoken to your local councillor? MP? Chair of housing committee?

Mokka

bouicca21 wrote: »

Is this local authority block or some random property that the local authority just happens to own?
It their block

I imagine that the ultimate rationale is that they want to do all the windows so that they are all the same.
They are already not the same- which is a shame, it looks awful. Many windows had to be replaced in the past, as they kept falling out. (my main window had to be done for this reason)

Have you spoken to your local councillor? MP? Chair of housing committee?

All of the above. Also tried Twitter.

Mokka

HappyMJ wrote: »

What sort of property is this?

Leasehold flat in a block owned by a local authority, managed by an ALMO

HappyMJ

How about you push the window out yourself accidentally of course so it has to be replaced as a matter of urgency?

I doubt they'll allow just one to be replaced. They would want to do the whole lot at the same time. You could put in secondary internal glazing to prevent the drafts for the time being and remove that when the windows get replaced.

Mokka

HappyMJ wrote: »

How about you push the window out yourself accidentally of course so it has to be replaced as a matter of urgency?
I am worried it will go without pushing

I doubt they'll allow just one to be replaced. They would want to do the whole lot at the same time.
They've allowed other people to replace theirs- so the situation where all the windows are getting replaced at once will not happen.

You could put in secondary internal glazing to prevent the drafts for the time being and remove that when the windows get replaced.

Unfortunately I have limited means.

moneyistooshorttomention

Mokka wrote: »

All of the above. Also tried Twitter.

Have you tried your local authority's Facebook page?

I was surprised to discover the other day that, at County Council level at least, local authorities do have Facebook pages.

marksoton

Mokka wrote: »

We are at the end of our wits: our refurbishment plans have been completely derailed by our freeholder unreasonably withholding their consent to replace windows.

Our wooden framed windows are from the 60s and have rotted, due to poor maintenance. In summer we applied for permission to replace them- this was declined (the reason was that the windows will be replaced at some unspecified point in the future).

In November we discovered the damage was very extensive- the replacement is no longer a choice but a necessity. Our freeholder is refusing to replace the windows (in breach of the repairing covenant in our lease) but still won't let us do this ourselves.

Sounds to me like they'd like to do them all in one go. And then add a nice slice of profit on top. Payable by yourself and the other leaseholders of course...

Mokka

marksoton wrote: »

Sounds to me like they'd like to do them all in one go. And then add a nice slice of profit on top. Payable by yourself and the other leaseholders of course...

I am certain they will not be doing all the windows in one go- this has been agreed with people who's done theirs. But I am suspecting that the intention to make huge profit plays a part in their unreasonableness: when I got my quotes the windows cost between £1-2k (for very fancy ones) whilst the freeholder's quote (given to us at the point of sale) was £5.5k.