Legal Responsibility For Windows

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    Legal Responsibility For Windows

    Hi all,

    So after a recent bit of weather damage to one of the windows in my leasehold BTL apartment, the management company kindly pointed me to the attached section of the lease and said that I am fully responsible for the windows.

    Can anyone legally minded tell me if that's true based on the attached picture?

    The issue is that my insurer said they do not usually offer buildings insurance to the leaseholder, as it's generally covered under the freeholder's insurance, which is what I also assumed. However, in this case the freeholder is accepting no liability, and I want to make sure that their position is correct before I explore getting a quote for building's insurance that includes the windows and everything else.

    Thanks.


    #2
    If this picture true, their position is legally correct.

    Comment


      #3
      The extract you quote only shows what is included in the property. We need to see (a) the tenant's repairing covenant and (b) the landlord's insurance covenant.

      Comment


        #4
        Is your problem "broken glass pane" or "broken window frame". ?

        Item 1.1(f) does state that windows and glass are demised to the leaseholder. The cost of window repair belongs to the leaseholder.

        Comment


          #5
          Originally posted by Gordon999 View Post
          Is your problem "broken glass pane" or "broken window frame". ?

          Item 1.1(f) does state that windows and glass are demised to the leaseholder. The cost of window repair belongs to the leaseholder.
          Just because the window is demised to the tenant does not mean he has to repair it. We need the information requested in post 3.

          Comment


            #6
            You also need a copy of the buildings insurance to see what you have paid for!

            Comment


              #7
              Originally posted by Lawcruncher View Post

              Just because the window is demised to the tenant does not mean he has to repair it. We need the information requested in post 3.
              Please find attached - Apologies, as it's quite wordy!

              Comment


                #8
                The tenant's repairing covenant contains the words I was hoping to see. The obligation does not extend to repairing damage caused by an insured risk unless the insurers withhold funds because of some act of the tenant. Go back to the management company and point this out.and remind them of the obligation under the heading "Landlord's Insurance Covenant".

                Comment


                  #9
                  Originally posted by Lawcruncher View Post
                  The tenant's repairing covenant contains the words I was hoping to see. The obligation does not extend to repairing damage caused by an insured risk unless the insurers withhold funds because of some act of the tenant. Go back to the management company and point this out.and remind them of the obligation under the heading "Landlord's Insurance Covenant".
                  I understand that the risk is insured based on what you said, but does the picture in post #7 imply that the window itself would be covered under said insured risk?

                  Comment


                    #10
                    The freeholder should be insuring the building against storm damage. This insurance would cover all parts of the building, regardless of whether or not they are demised to a leaseholder, so the windows should be covered for storm damage.

                    The terms you posted in post #7 say that the freeholder is not obliged to insure any additions by leaseholders but, I don't see how that could apply, even if the windows have been replaced previously.

                    Comment

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