Legal Responsibility For Windows

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  • Macromia
    replied
    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.

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  • Ocelot69
    replied
    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?

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  • Lawcruncher
    replied
    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".

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  • Ocelot69
    replied
    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!

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  • Tipper
    replied
    You also need a copy of the buildings insurance to see what you have paid for!

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  • Lawcruncher
    replied
    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.

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  • Gordon999
    replied
    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.

    Leave a comment:


  • Lawcruncher
    replied
    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.

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  • Anna1985
    replied
    If this picture true, their position is legally correct.

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  • Ocelot69
    started a topic Legal Responsibility For Windows

    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.

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  • Reply to Balcony repairs - lease issue
    by Lawcruncher
    It is not really possible to answer your question without knowing exactly what your lease says, please quote in full:

    The "parcels" that is the part which describes what is included and (possibly) excluded.
    The tenant's repairing obligations
    The landlord's...
    05-07-2022, 22:20 PM
  • Balcony repairs - lease issue
    by Jones666
    Hi, new poster here, legal ignoramus. We live on the middle floor of a three story building (i.e. the British first floor), freehold jointly held as individual leases by all owners equally and managed by a residents' committee who employ estate managers. We and the flat above have balconies which are...
    05-07-2022, 11:13 AM
  • Responsibility on my freehold
    by paul woodford
    I am joint freeholder with the property upstairs and have had issues with our roof leaking. After many repairs paying my 50% to the cost, the upstairs owner has decided to extend into the loft space and onto 50% of the flat roof at the back. I thought this would reduce the cost to me to the front of...
    05-07-2022, 20:44 PM
  • Reply to Property Purchase - Environment Search came back with....
    by Tipper
    For ground contamination you would be better to seek out a hydrogeologist as they deal with ground water and contamination issues and its remediation. Much of their work is desk research and then followed by any necessary on site tests.

    It is likely that full site tests and necessary clean-up...
    05-07-2022, 19:05 PM
  • Property Purchase - Environment Search came back with....
    by John2005
    Hi all. I have a question that was not linked to the same subject as my other topic so I figured it would make sense to create a new topic for this one.

    I'm in the process of purchasing a flat and I have seen on one of the searches 'Environment' one to be specific - state "Further...
    04-07-2022, 02:40 AM
  • Reply to Balcony repairs - lease issue
    by Sydaton
    It sounds to me that the Estate Managers are wrong. From what you say, the balcony is exactly that, a balcony, it might be an extension of the downstairs ceiling but at the moment it passes through the wall it becomes your balcony. And, from what you say, you are responsible for its repair.
    ...
    05-07-2022, 12:40 PM
  • Reply to Balcony repairs - lease issue
    by royw
    Can 'ceiling' apply to something outside the property? Seems a bit of stretch to me. Suggest you post the relevant part of the lease.
    05-07-2022, 12:23 PM
  • Reply to Balcony repairs - lease issue
    by JK0
    It should be a certain proportion of the total cost, surely? I don't see how you can apportion different amounts to different flats.
    05-07-2022, 11:34 AM
  • Reply to Balcony repairs - lease issue
    by AndrewDod
    It is going to depend on the exact wording of the lease (definitions of things like "building" and so on). There is no external rule....
    05-07-2022, 11:22 AM
  • Reply to Missing joint freeholder in 2x flat block, able to to gain share of freehold?
    by JonRo15
    Thanks vmart...the other leaseholder/freeholder is desperate to sell her flat, as well and the part of the freehold. She is unable to sell/extend lease/transfer title without the missing freeholder, as there was no Declaration of Trust or similar in place. There is no company, just two individuals....
    05-07-2022, 08:56 AM
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