Bought leasehold flat, windows damaged by neglected exterior

BellaPrimrose

We have just completed on a leasehold flat and are in the process of decorating before moving in. We found a leak in one of the windows and reported it to the Management Company who said we are responsible for windows (I checked the lease and they are correct). When we went to close another window the bottom of the frame came off in my partners hand. He began to repair it today, planning to do a bit of a bodge job until we save up for replacement windows, but discovered that the exterior brickwork around the window is damaged and has been the cause of water damage. Would we be able to argue that the historic neglect of the exterior has caused the damage to our windows and therefore they should be covered by the freeholder (unfortunately this is Simarc, who are notoriously difficult)? I wondered if it would be claimed on the insurance, as I'm worried if we report it and it is a very expensive job (3rd floor so requiring scaffolding) it will raise all our new neighbour's SC which isn't the best was to move in! Would we be better just trying to fix the whole thing ourselves? Any thoughts much appreciated, thankyou.

AlexMac

Maybe someone else will come along with more experience of the legal aspect; leaseholder obligations and how to enforce them...

but I'd say it would be difficult to prove that damaged brickwork or masonry around a window has really caused the timber to deteriorate to the extent that the bottom rail is falling off. That implies many years of water penetration and wet rot, even if aggravated by (for example) water cascading down from a faulty gutter, or failure to repaint the windows which is usually necessary every 5-6 years; more on very weatherbeaten or exposed surfaces. (I'm assumng timber windows here?). So it sounds like years of neglect?
And even if it was the brickwork (unlkely though that is), you'd have a hard job proving it and claiming on the freeholder for the windows too.

It wouldn't be an insurance job either; they don't cover wear and tear or aging.

If you are up for a bit of DIY it may be relatively easy to repair the masonry immediately adjacent to the windows; even working from the inside if you can either open the windows fully, or better still, remove the sashes from their frames by removing the parting bead (if they are sash windows). You could then tack some thin batten around the outer side of the external recess and apply a skim of cement with a float. A builder could do it in a couple of hours.

If that's too much (and especially as you'd then be doing the Freeholder's job for them) just bung mastic into the gap which I assume has opened up between the window frame and the masonry.

And on the same topic, if you can remove the sash (or even casement) windows, and assuming the frame or box isn't wholly shot away, you might be pleasntly surprised at how little it costs to have a couple of new sashes made up; whether you fit 'em or ask the carpenter to. I'm not at all technical and I've done it. If you cant find a specialist, ask for a contact from a local glass supplier.

One final thought; I'm suprised that your lease demands that you maintain and replace your own windows; every one of the leases of the flats I've ever owned regarded this as the freeholder's responsibility; together with the other externals.

And as regards the other leaseholders and the service charge - how about chatting them up to see if they share your concerns?

BellaPrimrose

Thank you so much for you very helpful response, it's really appreciated. Yes, timber windows, building looks to gave been well cared for, it doesn't look in need of painting etc. We had thought of looking into repairing the masonry, although I don't think strictly speaking we're supposed to. This afternoon though, funnily enough, someone turned up from the management company to have a look (a workman who'd been sent from when we first reported it, we cancelled once we realised windows are our responsibility but it must have not been passed on). He was very helpful and took a look and says he's going to pass on that the damage is due to the state of the masonry. Not sure what will happen next so waiting to hear - but might mean we have to be cautious I guess about doing anything to the brickwork. We're definitely going to look into what you suggested re the windows, thankyou! I'll double triple check the lease in case I've got it wrong about our responsibility- and maybe take a deep breath and be brave and approach the new neighbours *gulp!*
Thanks again