spontaneous glass breakage in leasehold property

Aless.s

Hi

I own a flat (sixth floor), in a leasehold building (I pay service charge). Recently one glass double glazed panels (part of the glass wall facing the internal courtyard, I am not sure if I can define this a window because doesn't open), spontaneously broke, due to a nickel sulphide inclusion (manufacture impurity or failure, glass which had not been adequately remedied by heat soaking) which causes the glass to break during temperature changes, apparently this type of glass breakage has happened before in the building, so the owner of the building is aware of the problem.

my question: who is responsible for the replacement of the glass? any advances?

Thank you
Aless

AnotherJoe

What does your lease say?

need_an_answer

Does your lease make any mention over who is responsible for glass?

Is there any building insurance associated to the property that may cover such an eventuality?
Thinking a buildings defect policy maybe rather than the standard cover.

How old is the property?


If its happened before to other leasholders what was their outcome in getting it replaced,that may have set a precedent?

eddddy

Aless.s wrote: »

my question: who is responsible for the replacement of the glass? any advances?

It's almost certainly you (the leaseholder) that's responsible for window glass - but you can check your lease.

If it's a recent newbuild, the building may still be under warranty, and/or there may be a window manufacturer's warranty.

(It's unlikely to be covered by buildings insurance, because it's a manufacturing defect.)

G_M

* check the lease
* check for a warranty by the builder and/or window manufacturer and/or installer
* even if no warranty, check age of the window (is it 'fit for purpose'?)

eddddy

G_M wrote: »

* even if no warranty, check age of the window (is it 'fit for purpose'?)

It sounds like you're referring to consumer protection legislation - I don't think you'd get anywhere with that.

i.e. The Sale of Goods Act (pre October 2015) or the Consumer Protection Act (after October 1985).

That protection applies to 'goods'... but flats/houses are not considered to be 'goods'.

... unless the OP's purchase contract said something like "The flat is sold for £x, excluding the windows. And the windows are sold seperately for £y."

... then the windows might be 'goods' in their own right.


This also assumes that the seller was a trader (e.g. a property developer). You get no consumer protection if you buy from a private individual.

t0rt0ise

How long had the window been fitted? If not too long ago the supplier should replace as it's a manufacturing fault. They replaced mine in similar circumstances.

Aless.s

Thank you for all the responses

Based on the fact that I pay the service charge, which includes building insurance, I think this would be the relevant part of the lease for me:
!!!8220;Landlord!!!8217;s covenants:
To keep the building (including the landlord!!!8217;s fixtures fittings and furnishings) insured with an insurance office or underwriters of reputed through any professional agency as decided from time to time by the Landlord acting reasonably (unless the insurance is rendered void by any act or omission of the Tenant or person claiming under the Tenant) in the name of the Landlord (and with the interest of the tenant and all mortgagees of whom the landlord (or his nominated agent) is notified noted on the policy or policies) against the insured risks (subject to reasonable excesses exclusions and limitations as insurers may require) for the full reinstatement cost of the building (and including all professional fees costs of debris removal and site clearance and the cost of the work which may be necessary by or by virtue of any Act or Parliament) together with 3 years loss of Rent insurance!!!8221;

So the responsibility for building insurance is definitely the landlord's

(The copy of the insurance that I have doesn!!!8217;t say much)

My flat is part of a big building; the building was finished in June 2007 (so more than 10 years right now). The flat is on the 6th floor and the replacement of one glass will probably require the use of a cherry picker truck, so will be expansive!
I was informed that a few years ago there was an investigation by an expert and they concluded that the shattering of glass was nickel sulphide inclusion, due to a defect in the glass. At the moment I am trying to find the tenants who had the shattered glass in the past, no luck so far, it!!!8217;s no easy!

Also I would like to point out a !!!8220;similar!!!8221; case (2005) -125 Old Broad Street in London - where the contractor was ordered to pay £14.7 million in damages following a failure of toughened glass (nickel sulphide inclusion) used to clad in central London office block.

Any advice? Any of you have never had a similar problem?

Thank you
Aless

unforeseen

As this has happened before and the owner is aware then who picked up the tab on the previous occasions?

That will give you some idea of the route that things will take.