Who is responsible for replacing windows in a leasehold flat?

cherry76

The surveyor flags some issues with the flat my brother is buying. Islington is the freeholder. He is the only private leaseholder in a converted house of 4 flats. The rest are council tenants.  Windows needs replacing, high moisture reading in bathroom, suggested he gets a plumber to remove tiles and investigate. Floor needs replacing. Replacing windows will cost £8,000 approx. I thought it is the responsibility of the freeholder but she said to check what it says on the lease. The windows are single glazed with wooden shutters inside. Not sure what to advise him, I want him to pull out but it must come from him. It’s so disappointing as he has been looking to buy for years. Any advice please. Thanks

RAS

He needs to read the lease, very carefully. And be aware that private leaseholders in LA owned flats can get stung by very high maintenance bills. 

DullGreyGuy

cherry76 said:

The surveyor flags some issues with the flat my brother is buying. Islington is the freeholder. He is the only private leaseholder in a converted house of 4 flats. The rest are council tenants.  Windows needs replacing, high moisture reading in bathroom, suggested he gets a plumber to remove tiles and investigate. Floor needs replacing. Replacing windows will cost £8,000 approx. I thought it is the responsibility of the freeholder but she said to check what it says on the lease. The windows are single glazed with wooden shutters inside. Not sure what to advise him, I want him to pull out but it must come from him. It’s so disappointing as he has been looking to buy for years. Any advice please. Thanks

Ultimately it will be him however that may be that he has to deal with the windows himself or it may be that the freeholder has to deal with them and then its recharged via the service charge. In most cases recharges from the freeholder go to all leaseholders in line with the contract irrespective of if you directly benefited from the service or not. 

HampshireH

Also if still single glazed with internal shutters are there any restrictions due to conservation area/planning restraints. Normally if there wasn't any it's a fairly recent conversion they would have been double glazed.

Even if the freeholder is responsible the costs plus admin fees will more than likely be the leaseholders responsibility to pay.

eddddy

cherry76 said:

Windows needs replacing, high moisture reading in bathroom, suggested he gets a plumber to remove tiles and investigate....
Replacing windows will cost £8,000 approx. 

If £8k of window replacement work is needed - then maybe it's reasonable for your brother to reduce their offer by £8k (or £6k or £4k or £10k or whatever).

What exactly did the surveyor say about the windows, and who suggested that the cost of replacement would be £8k?

cherry76 said:

 I thought it is the responsibility of the freeholder but she said to check what it says on the lease.

It might not make much difference financially whether the freeholder or the leaseholder is responsible for replacing the windows. For example, if you assume that...

• There are 4 flats. So your brother is likely to be responsible for 25% of building maintenance costs

• All 4 flats need their windows replacing at a cost of 4 x £8k = £32k

So...

• If the windows are the freeholder's responsibility - the freeholder pays £32k to have them all replaced, so your brother has to contribute 25% of £32k = £8k

• If the windows are the leaseholder's responsibility - your brother has to pay £8k to replace the windows in his flat

So either way, it costs your brother £8k.

RAS

eddddy said:

cherry76 said:

Windows needs replacing, high moisture reading in bathroom, suggested he gets a plumber to remove tiles and investigate....
Replacing windows will cost £8,000 approx. 

If £8k of window replacement work is needed - then maybe it's reasonable for your brother to reduce their offer by £8k (or £6k or £4k or £10k or whatever).

What exactly did the surveyor say about the windows, and who suggested that the cost of replacement would be £8k?

cherry76 said:

 I thought it is the responsibility of the freeholder but she said to check what it says on the lease.

It might not make much difference financially whether the freeholder or the leaseholder is responsible for replacing the windows. For example, if you assume that...

• There are 4 flats. So your brother is likely to be responsible for 25% of building maintenance costs

• All 4 flats need their windows replacing at a cost of 4 x £8k = £32k

So...

• If the windows are the freeholder's responsibility - the freeholder pays £32k to have them all replaced, so your brother has to contribute 25% of £32k = £8k

• If the windows are the leaseholder's responsibility - your brother has to pay £8k to replace the windows in his flat

So either way, it costs your brother £8k.

More likely if the freeholder pays, 25% of £32k+fees.

cherry76

Will need to wait to see the report and then decide. She seems to be talking inside windows surely you need to replace the whole window .Am not sure whether she meant the inside wooden frames as the windows are single glaze with wooden shutters, Brother does not seem to have a clue and needs to be aware of major costs in the near future. Thanks for all your comments.

gm0

The difference has been explained above.  A long lease holder will end up paying for the windows.  Either as recharge for "communal" replacement - which can be good or bad or indifferent.  Or because they are demised to the flat (check lease and title plan).  In which case they may be obliged to keep them maintained at some level by the lease as well as their own needs.  

Either of these situations can be problematic with a poor freeholder/ma in terms of contracting the work or just by being ripped off yourself by a rogue window company.  It's a difficult topic.

With higher rise - cost effectiveness of scaffolding really demands that a "team" rather than a "one by one" approach is taken.

Even if they are your own windows - demised to flat on title plan. There can still be constraints on what you can do as this is quite common from planning conditions or just site arrangement to prevent a block of flats getting most peculiar as each owner does some random thing to their own taste.  This can effect frames, materials, colours, type of window etc.

SarahB16

Be very careful.  Personally if I were your brother this definitely would not be a property that I would wish to buy. 

poseidon1

Your previous post ( presumably on the same subject) indicated a £6,000 charge to replace a fire check door at the property. I do have to wonder why your brother is so determined to burden himself with a local authority owned freehold with so many ( expensive) issues.

Can only hope its irresistibly cheap ( at least by Islington standards).

Newbie_John

SarahB16 said:

Be very careful.  Personally if I were your brother this definitely would not be a property that I would wish to buy. 

Yep, I'd stay away.