Section 20 Liability, Windows

Brightfox78

I have a leasehold flat. Other residents in the block are having their lintels and upvc windows replaced under a section 20.

I accept the charge for the lintels, as they are part of the structure, but i do not accept my liability for the other leaseholder's windows, as these are not included in the “Maintained Parts”. These are demised to the leaseholder. 

The management company state that they will damage the windows by replacing the lintels, so will be replacing the windows and charging it to the other leaseholders as per section 20.

The upvc windows are very old, in poor condition and seals blown. They need replacing anyway and near the end of there life.

I don't feel the lease makes me responsible for replacing windows in other flats. The management company expect me to pay £10,000 to replace upvc windows in other flats. My windows wont be replaced.

I feel unfairly treated and the management company are misinterpreting the lease. Is there anyway round this, am I likely to win if I take this dispute to a first tier tribunal?

Each leaseholder should pay for their own windows.

Copy of lease attached

Marky4040

Hi there,
Yes, they are pulling a fast one, you are not responsible for windows inside others apartments, only the ones in the common areas as the lease clearly states. The damage to the windows when replacing lintels is their problem to resolve not yours. 

I would ask for all of the quotes, the scope of work, breakdown of costs and definitely challenge it. Ten grand seems a ridiculous amount per apartment anyway.  

Brightfox78

The 10K they are charging me is for 12 windows in the block, none of them are to do with my flat.

Could the management company sue me, if I don't agree to pay for the windows of the other flats?

Do I just pay the £10K under protest and challenge the claim via a tribunal? 

Seems like they are pulling a fast one.

The management company reply is below:-

Although the windows are demised to the owner within the terms of the lease:  The windows need to be replaced as they will be damaged when removed to conduct the work to the lintels, and no contractor will guarantee their effective reinstatement which is why they would need to be replaced.