leasehold repair

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    leasehold repair

    Have a leasehold flat. my tenants are complaining that the glass on the windows has suddenly cracked and the window frame itself has broken.
    They claim it is rotten and this is wear and tear so I asked the leaseholder to consider a repair and he has refused, he blames my tenants for the damage and want me to claim from them for the repair, if i do not then I would need to repair this as apparently I would be breaching my lease.

    am I ultimately liable for my both tenants actions and as it seems my freeholders inaction?

    #2
    Forget you have tenants for the moment.

    Whos responsibility is it to replace the window frames and glass ?

    You or the freeholder ? ( look at your lease )

    Here, it's the responsibility of the leaseholder.
    If the window frames are rotten, then who ever is responsible for
    replacement, pays for the replacement.
    Rotten window frames is not fair wear and tear, it's rotten through
    age, lack of maintenence, or lack of proper protection when installed.

    ( Have you EVER seen timber window frames being painted on the
    bits you dont see, before they are fitted, answer = no, and thats where
    they can rot too )

    R.a.M.

    Comment


      #3
      Originally posted by pawel View Post
      Have a leasehold flat. my tenants are complaining that the glass on the windows has suddenly cracked and the window frame itself has broken.
      They claim it is rotten and this is wear and tear so I asked the freeholder to consider a repair and he has refused, he blames my tenants for the damage and want me to claim from them for the repair, if i do not then I would need to repair this as apparently I would be breaching my lease.
      Who is responsible for repairing window frames under the terms of the long lease? You or the freeholder?

      The tenant is obviously not responsible for causing the window frames to rot.

      am I ultimately liable for my both tenants actions and as it seems my freeholders inaction?
      You and the freeholder are both obliged to comply with the terms of the long lease.

      If your tenants fail to comply with the terms of the long lease, then you are responsible for the breach. For example, if the long lease says that the leaseholder must not cause a noise nuisance, and your tenants were causing a noise nuisance, then you would be in breach of your long lease.

      Comment


        #4
        and to add there could be a seperate contract between leaseholder and tenants concerning damage etc.
        Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

        I do not accept any liability to you in relation to the advice given.

        It is always recommended you seek further advice from a solicitor or legal expert.

        Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

        Comment


          #5
          Originally posted by andydd View Post
          and to add there could be a seperate contract between leaseholder and tenants concerning damage etc.
          I would imagine that the costs could well be passed on, if it is found to be the tenants fault, certainly.

          If the glass has broken due to rotten frames, however, then it's your responsibility (as lessee). It is a health and safety issue because window frames can affect the overall integrity of the wall / increased chance of being cut by broken glass.

          Comment


            #6
            Thanks!

            under the terms of the long lease the freeholder is responsible and they decorate and repair these windows every four years and we pay them from our service charge for this including any extras if the cost is more.

            I understand the tenants are not liable for rot the freeholder maintains it is not rot and damage so I have both tenant and freeholder now expecting me to repair.

            The glass has broken it looks like damage but my tenant maintains disrepair and rot- should I take a chance and insist freeholder repairs or ask the tenant to meet this cost ???(to be fair it has a lot of cracks and looks like a ball has hit it in one part) ; my tenant maintains otherwise!!

            Comment


              #7
              So it comes down to an argument between you and the FH.

              Perhaps the CPR Pre-Action Protcol has some answers, it is supposed to be followed in disrepair disputes > http://www.justice.gov.uk/courts/pro...tocol/prot_hou in order to avoid legal action.

              Windows/Frames disputes often come up at LVT's where they decide who is responsible for what.

              Andy
              Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

              I do not accept any liability to you in relation to the advice given.

              It is always recommended you seek further advice from a solicitor or legal expert.

              Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

              Comment

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