Historic Written Permission

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    Historic Written Permission

    Hello, Please help

    We are leaseholders/shareholders and occupiers in a 1960's Flat operated by an RMT, I am not on the Board.

    We have noticed our windows don't conform to fire regs, no adequate means of escape. The windows were replaced by the previous leaseholder over 30 years ago, they replaced the wood for PVC and presumably in an effort to reduce risk of burglary removed the ability to open a couple of the lower apertures. Most leaseholders have upgraded their windows and to the best of my knowledge, the RMT has not issued deeds of variation to anyone.

    We contacted the RMT and asked where is the responsibility lies and how do we rectify, we are happy to pay and have requested permission to replace the windows. The RMT has stated that this is a complex issue and that they believe there was no permission to change the windows all that time ago, they have stated that the windows need changing but have not given us permission thus far,

    The lease states the following which I assume means we are responsible for the glass but not the frames.

    Except and reserving from the demise the main structural parts of the building of which the said flat forms part including the roof foundations and external parts thereof but not the glass of the windows of the said flat. The Lease also states........... The Lessee shall not make any alterations to the Demised Property without the. approval in writing of the Lessor,

    I understand that there is a time limit for historic permission issues that relate to Breach of 12/20 or reasonable years from the issue being caused. This is well-documented elsewhere.

    My questions are as follows.

    Was changing a window an alteration of the demised property? The window frame is not of the demise, according to the lease.

    Does a Lessee need to have evidence of written permission for things that happened decades ago that the lessee couldn't possibly know about at the time of purchase after, all the Lessor has had 30 years to make an issue of permission?

    I understand the RMT have to give permission for reasonable modifications, how would I go about making this so, would I have to go to the FTT.

    Assuming I alter the windows at my own expense and make them safe where does this stand in terms of the lease in future, does the lessor then take ownership of the maintenance of them as per the lease or could I actually put myself in the breach as I will be interfering with the structure of the building.

    Any help on the questions would be greatly appreciated.

    The best course of action would be to pursue the "RMT" (not sure if you mean RtM or RMC) making it clear that you want the windows replaced as soon as possible (assuming that is what you want).
    Specifically state that you are willing to pay for the replacement on this occasion, but that you want them to confirm that they will then take responsibility for any future repairs, etc., that may be required after any guarantee has expired.

    If you have it in writing that you have been given permission to get the windows replaced, and that the "RMT" will take responsibility for the window frames in the future (as detailed in the lease), there shouldn't be any problems - although you should get them to confirm that the windows that you have chosen are acceptable.


      Ooops, I meant RMC, not the Rail Union.

      Thanks, that sounds like a good angle that way the lease stays intact, I am happy to pay, the RMC didn't give permission for the works to go ahead the first time I asked, just asked what I was going to do about it, I'm wondering if they are of the opinion it is their problem and are hoping I fix it without permission. I will try again making the finances clearer.


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