Lease wording regarding whose responsibility it is to maintain windows

slipthru

I have a flat in a Victorian house conversion and I just want check the wording of the lease to confirm that I am responsible for the windows in the property rather than the freeholder and if so would that include the outside of the frames as well, they are wooden sash windows.

All the sash windows in the flats within the building require some minor repairs and repainting to the window sills, frames and sashes. I want to go ahead and get mine repaired and fully working, but at the same time the building has had a survey saying a number of works are required and it seems as though they want it done via the section 20, I'd rather not pay for other peoples window repairs if that is their sole responsibility.

Leaseholders

To keep the premises and all parts there off including so far as the same form part of or are within the premisses all windows glass doors locks sanitary water gas and electrical apparatus clean and well and substantially repaired maintained and decorated.

Landlords

To maintain and keep in good substantial repair and condition

to paint the whole of the outside wood iron and other work of the building usually painted and grain and varnish such external parts as are usually grained and varnished.

subjecttocontract

That would suggest to me that :-

leaseholders are responsible for internal repairs, maintenance and decoration and

landlords are responsible for exterior decoration.

Id take that to mean the operation/maintenance of the sashes is the leaseholders responsibility.

However, it kind of depends on the work required, it may be complex, need different types of repairs and may be easier all round to have the whole of the windows repaired and painted in one go

fullyrendered

What is the definition of the 'Premises'?

It should be in the lease, to separate the space (dwelling) demised to you, and those parts that remain the responsibility of the freeholder, e.g. structure, communal/shared areas, etc

slipthru

https://forums.moneysavingexpert.com/discussion/comment/81999027#Comment_81999027

My sashes are in decent enough condition really, they just need rebalancing and draught proofing.

Only the sills are a concern as they Definity could do with repair and need to be painted.

According to the section 20 one of the other flats needs a wooden window which is not a sash replaced as it's rotten.

https://forums.moneysavingexpert.com/discussion/comment/81999031#Comment_81999031

Premises

user1977

Assuming there's nothing relevant in the remainder of the clause which you haven't copied, then I suppose there's arguably a discrepancy as your premises include the window frames, but the freeholder is to paint all of the external woodwork. But it would make more sense for your demise to include the whole of the windows, rather than you and the freeholder having different painting schedules for each side of a sash window.

subjecttocontract

I would say it's fairly common for the leaseholder to be responsible for the windows and the freeholders to be responsible for external decoration. There can be a problem with this set up when the freeholder cannot fulfil his obligation because repairs to the windows are required by the leaseholder. Hence, I suspect, the reason why the freeholder has suggested dealing with ALL of the windows. It's difficult to argue against what is really a common sense approach to a problem that isn't going to fix itself. If you rely on individual leaseholders getting their windows fixed the whole job will take forever and potentially negatively affect the whole development.

slipthru

https://forums.moneysavingexpert.com/discussion/comment/81999135#Comment_81999135

I've added the rest to the previous post. It wouldn't be a problem if it was upvc, i assume it's generic and they didn't account for the windows being wooden.

It would be useful if the leaseholders could just agree to get the outsides painted together every five years or so to ensure the wood doesn't get the chance to rot and to keep the building looking tidy.

slipthru

https://forums.moneysavingexpert.com/discussion/comment/81999159#Comment_81999159

I plan to contact management company again tomorrow and see what they say. I'm still waiting for a response to an email sent a couple of weeks ago.

None of the other owners live here so they may not be as concerned with getting the work done any time soon.

eddddy

It's not unusual for leaseholders to be responsible for maintaining window frames, sills and glass - except for painting the outside surface of the frames and sills, which is the freeholder's responsibility.

Freeholders I've dealt with say something like this this to leaseholders:

"My contractor wants to paint the outside of the window frames - but before they can do that, you must fill and repair your window sills and frames. Or if required, you must replace the window. (Because failing to maintain your window sills and frames is a breach of your lease.)

If you want, my contractor will fill and repair your window sills and frames, or replace the window for you, and send you the bill. Then they will paint the frames, and the painting will be paid for out of service charge funds.

Or you can make your own arrangements for filling and repairing the frames or replacing the window, before my contractor paints them."

So leaseholders don't end up having to pay for repairs/replacement of their neighbour's windows, and vice versa.

(But maybe there's an argument that if the windows and sills have started rotting from the outside, it's because the freeholder has failed to paint them adequately in the past.)

slipthru

I did speak to the managing company on Friday and he said he was unable to check the wording of the lease at that current time. I assume I need to bring this up on section 20 consultation, As the section 20 says to overhaul windows and repair in the next few years but also mentions replacing them all.