Apartment Windows Responsibility

jon52

Hi Everyone,

I have recently have a few tired windows that I am struggling to keep shut (stuck handle). As it is an apartment (i consider quite a high building), I am just wondering if i am responsible to fix the windows or the managing company ? I have emailed them and it seems that they suggest it is our responsibility fix the windows. But it also states that in our apartment lease one of the covenant says :

"to keep the flat in good and substantial repair and decorative condition (but not to decorate any part of the exterior of the flat including the exterior of external doors of the flat) and forthwith to replace all internal broken glass (but not the exterior windows of the flat) and the landlord's fixtures and fittings which reach the end of their useful life the replacement or renewal to be suitable and at least of equal and similar quality provided that the tenant's obligations under this clause shall not extend to any damange caused by a risk covered by the Insurance policies unless such insurance shall be vitiated by the act or default of the tenant or persons under the control of the tenant or on the flat with the authority of the tenant".

Anyone knows if that would be considered exterior windows of the flat. Thank you

Regards,
Jon

need_an_answer

Have you looked at just replacing the handles....they can be bought quite cheaply and if its a case of handle malfunction being the only "defect" of the window its a problem easily sorted.

jon52

hello, thanks for your reply. It doesn't look like something I can handle myself as the handle is build inside a layer of wood frame (even though the windows are metal i think) I have had people decline to come out as they say they wont fix apartment windows) so this is getting a bit worrying.

G_M

Looks like it is the freeholder's/Manco's responsibility.


You've quoted the leases clause on your responsibilities - what does it say under the LL's responsibilities?

davidmcn

And how does the lease describe your demise?

jon52

So far it doesn't mention anything about LL responsibilities on windows. The lease is several pages only had a chance to quickly read through it. will look more carefully.

as for the demise. The relevant section says

the flat includes :

2. All internal glazing, window and door furniture, doors and door frames and all internal non-load bearing walls.

BUT WHICH EXCLUDES all exterior glazing and window frames and all structural parts and the walls (other than linings and surface finishes) which are load bearing or enclose the Flat and Service Installations not exclusively serving the Flat.

Sorry about the capital letters, just writing it as it is on the lease, with the caps.

any opinion ? thanks

davidmcn

jon52 wrote: »

the flat includes :

2. All internal glazing, window and door furniture, doors and door frames and all internal non-load bearing walls.

BUT WHICH EXCLUDES all exterior glazing and window frames

"Window furniture" includes your stuck handle, I would say - assuming it is just a problem with the handle and not e.g. because of something wrong with the frame.

jon52

Thanks for your reply. What would happen if the handle cannot be fixed and require a window replacement ? will that than be exterior glazing and window frames ? and also the handle is embedded in the window frame (the windows are metal but the inside part of the window is attached with wooden frame and the handle is inside the wooden frame, hopefully this make sense !)

thanks

need_an_answer

Are you able to take a photo of the handle and frame?

As new user you wont be able to post a direct link to the pic but if you give the link with a space or . in someone can pick it up.

jon52

I do have pictures but not sure where i can upload it to give a url ? any ideas. Thanks

jon52

Found a service that let me upload the pics.


https://ibb.co/z4B7HB8