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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1734
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I live in a flat, and the freehold is shared between 12 flat

Customer Question

I live in a flat, and the freehold is shared between 12 flat owners (we own it as a Ltd company). We each pay a service charge. We're struggling to agree whether it's the responsibility of an individual flat owner, or the Ltd company that owns the freehold, to pay for repairs to the double glazing in some of the flats. The lease suggests windows are the responsibility of the individual owner/tennant, however some owns are saying that only applies to the glass, and the frame of the windows is considered part of the external fabric of the building and therefore the responsibility of the Ltd company. Can you help?

To assist: here are relevant extracts from the lease:

4. The Tenant Hereby covenants with the lessors and with and for the benefit of the Flat Owners that throughout the term the tenant will:

4.1 Repair maintain renew uphold and keep the Demised Premises and all parts thereof including so far as the same form part of or are within the Demised Premises all windows glass and doors (including the entrance door to the Demised Premises) locks fastenings and highest sanitary water gas and electrical apparatus and walls and ceiling drains pipes wires and cables and all fixtures and additions in good and substantial repair and condition save as to damage in respect of which the Lessors are entitled to claim under any policy of issuance maintained by the Lessors in accordance with their covenant in that behalf hereinafter contained except insofar as such policy may have been vitiated by the act or default of the Tenant or any person claiming through the Tenant or his or their servants agents licensees or visitors and to kepp and garden or patio (if any) forming part of the Demised Premises in a tidy and well maintained condition.

5. The lessors with the intent to bind themselves and their successors in title the persons for the time being entitled to the reversion of the Demised Premises immediately expectant on this Lease but not to bind themselves after they shall have parted with such reversion or to incur further liability thereafter HEREBY COVENANT with the Tenant as follows:

5.5 To maintain and keep in good and substantial repair and condition:

i) the main structure of the Building including the principal internal timbers and the external walls and the foundations and the roof thereof with its main water tanks main drains gutters and rain water pipes (other than those included in this demise or in the demise of any other flat in the Building)

ii) all such gas and water mains and pipes drains waste water and sewage ducts and electric cables and wires and means of heating as may by virtue of the terms of this Lease be enjoyed or used by the Tenant in common with the owners or tenants of the other flats in the Building

iii) the Common Parts

iv) the boundary walls and fences of the Building

v) all other parts of the Building not included in the foregoing sub-paragraphs i) to iv) and not included in this demise or the demise of any other flat or part of the Building.

Submitted: 2 years ago.
Category: UK Property Law