Question on responsibility of dormer window maintenance for leasehold property

daveyjp

Unfortunately without sight of the whole lease including definitions and repair and maintenance clauses a definitive answer won't be possible.

eddddy

Depending on what outcome you're looking for, you could start by trying an approach something like this...

Contact the freeholder/management company informing them that the facia boards around the window are in poor condition and need maintenance - and as they are not part of the window frame, you assume this is the freeholder/management company's responsibility.

And see what they say. 

If they say it's your responsibility, ask them to explain why. And then decide whether you agree, or whether you want to dispute what they say.

itwasntme001

eddddy said:

Depending on what outcome you're looking for, you could start by trying an approach something like this...

Contact the freeholder/management company informing them that the facia boards around the window are in poor condition and need maintenance - and as they are not part of the window frame, you assume this is the freeholder/management company's responsibility.

And see what they say. 

If they say it's your responsibility, ask them to explain why. And then decide whether you agree, or whether you want to dispute what they say.

Thanks.

This is more or less what I plan to do, but want to do so after understanding more what is part of the window and what is the roof, hence this post.

The lease does not mention anything about dormer windows.  Just that the roof structure is communal responsbility and windows is leaseholder.

If it can be ascertained that the part that is damaged is the dormer structure and not window itself, that would help my case.  Assuming the dormer structure is part of the roof itself.  I think the first poster to reply to my thread seems to think so.

eddddy

itwasntme001 said:

 I think the first poster to reply to my thread seems to think so.

Realistically, it doesn't really matter what the first poster in this thread says. (Especially as they haven't inspected the construction of the window and dormer, or read your lease.)

What matters is what you and the freeholder can agree on.

For example, if...

• You insist that the timber is the freeholder's responsibility
• The freeholder insists that the timber is your responsibility

... then you're in deadlock. Either the freeholder would have to take you to tribunal for breach of lease, or you would have to take the freeholder to court for breach of lease - and let the tribunal/court decide who is responsible for the timber. Both those routes would be very expensive.


Maybe getting an inspection and opinion from a chartered surveyor would be useful (and their report could potentially be used in tribunal/court) - but that's starting to get expensive.

So perhaps the best first step is to find out what your freeholder says. It's possible that they might agree with you.