Window Repalcement Responsibility

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    Window Repalcement Responsibility

    2 windows on our tenants unit have rotten frames and the tenant has asked us as landlords to contribute financially. Our lease specifically states that the tenant must repair the premises and keep them in lettable condition .The windows and doors are clearly defined in the lease as being part of the Premises. The tenant has employed a building surveyor who is now arguing that the cause of the rotten windows is down to the mastic deterioration and that this is part of the building not the window so we should be contributing . Under the terms of the lease , we as landlords are responsible for the exterior decoration of the building.

    I cannot see that the mastic is part of the building not the windows but I am not a building surveyor.

    I would welcome any views but specifically from anyone from a building surveying background.

    #2
    I think the surveyor has a point.

    The legal meaning of a window is an opening made in the wall of a house to admit light and air, and to furnish a view or prospect

    Where a window is filled in using glass, the glass is held in a frame that is attached to the surrounding wall. If the method of fixing and sealing the frame to prevent water ingress is defective then whether the tenant or landlord is responsible would depend upon the precise wording in the lease.

    The tenant is only asking for a contribution. Subject to how much is involved, the amount of contribution could be less than the legal costs of fighting on a matter of principle.



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      #3
      I'm not a building surveyor but the mastic is there because the window is there so in my view an integral part of the window. Whoever put the window in put the mastic there so are as responsible for the mastic as they are for the rest of the window.

      What is the precise wording of the obligation in the lease?

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        #4
        rentreviewspecialist,

        Thanks for your views on the matter

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          #5
          Hi Buzzard1994, thanks for your views on the matter . The lease states
          "The tenant must repair the premises and keep them in lettable condition and repair, except for damages caused by the Insured risks. "

          The definition of the Premises in the lease includes the following

          "the doors and windows and door and window frames "

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            #6
            You could argue the case in a LTA tribunal where an independent survey will be appointed to conduct and adjudicate on the decision.

            Just remember if the windows are made of wood, is the replacement also of the same or are the aluminium/ pvc? this may up your EPC rating.

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