Maintenance

[Anna1985]

KrispyCream , we all can sue. Practicality of this solution is somewhat doubtful.
If you already did the windows, why worry?
Enjoy your windows while they last

[KrispyCream]

We hold it in our joint names.

We don't have a company

[chris1544]

How is the freehold title held? Is it a company of which you are both directors or do you hold it in your joint names?

[KrispyCream]

Yes, she can. But it would need to go to court. So i would not worry about

the fact that she can, makes me worry.

supposing she takes me to court, do I have any options if she did ask me to re instate the windows as the original windows. Wooden sash windows are pretty darn expensive.

[KrispyCream]

I recommend that you check your insurance cover, the previous owners no longer have an insurable interest in the property

Insurance cover is fine.. besides getting more expensive each year

[KrispyCream]

Are you in a conservation area?

If you are then you may need planning/conservation permission.

not in a conservation area, but apparently flats dont have permitted development rights the same as houses, so will have to apply retrospectively.

[eagle2]

I recommend that you check your insurance cover, the previous owners no longer have an insurable interest in the property

[Tipper]

Are you in a conservation area?

If you are then you may need planning/conservation permission.

[Anna1985]

Yes, she can. But it would need to go to court. So i would not worry about

[KrispyCream]

KrispyCream , why don't you just be quiet.

because not sure I could live with the worry (I know should of thought of that beforehand) of her returning and seeing the new windows (impossible to hide them from her) and the thought that she could force me to replace with original style windows.

can she force me by law?

[KrispyCream]

If you have never paid any charges. who arranges the insurance?

the insurance was organised by the previous owners, and just seems to have carried over, When it comes to the renewal, the insurance companies contact us and her and we pay our half.

[eagle2]

If you have never paid any charges. who arranges the insurance?

[Anna1985]

KrispyCream , yep of course you can. Unfortunately for only 50% of each window.

Theoretically she could go to court as you could simply ignore any communication up to the point.

However, court is expensive and will take time - why don't you just be quiet.

[KrispyCream]

That would depend if there is a clause in your lease restricting alterations.

the only bit in the lease that mentions about alterations and consent is the following passage :

(13) Not at any time without the licence In writing of the Corporation first obtained nor

except In accordance with plans and specifications previously submitted in triplicate

to the Corporation and approved by the Corporation and to its satisfaction to make

any alteration or addition whatsoever in or to the Flat either externally or Internally or

to make any alteration or aperture In the plan external construction height walls

timbers elevations or architectural appearance thereof nor to cut or remove the main

walls or timbers of the Flat unless for the purpose of repairing and making good any

defect therein nor to do or suffer in or upon the Flat any wilful or voluntary waste or spoil.

Could the new windows be considered as repair? despite them being a different style Casement instead of sash?

I am a 50% freeholder so I can argue that I gave myself permission.

[Section20z]

That would depend if there is a clause in your lease restricting alterations.