The property is a semi attached house containing two flats. As the leaseholder on a 900+ year lease, I own the one-bedroom ground floor single level garden flat. The upper three-bedroom flat which occupies two levels of the building is owned by the freeholder. Both flats are rented out.
In the past, we shared the cost of exterior re-decoration and scaffolding 50-50 at the time the work was completed. Which always seemed unfair to me because the upper flat occupies two levels of the building that requires exterior face painting.
The exterior is long overdue to be redecorated. At the behest of the freeholder, he advised that all windows should be replaced with new uPVC double glazed units before the exterior painting begins. This will improve the EPC rating for each property. I am in total agreement with this.
Due to two fully glazed French doors in my flat leading to my garden which are clearly more expensive to replace than windows, the freeholder is insisting it’s not 50-50. We each pay for our own double glazing. The quotes received for each property do bear this out.
A quick google around suggests the freeholder is responsible for the window frames and the leaseholder becomes responsible for the glass after installation.
Before you say, “what does it say in the detailed lease”, I do not have access to it. Land Registry do not have an electronic version of the lease. I am in the process of ordering a paper copy. The freeholder confirmed he has a paper copy so I asked him “what does it say in the lease”, This is his reply,
“I can confirm that there is no mention or wording of windows in the lease. I don’t have a copy on my pc. Replacement windows are considered (unless specified otherwise) under the demise of the tenant ie if the tenant wishes to replace them they can at their own expense. The exterior is split 50/50 so if your windows stay wooden and require decoration (and mine were replaced ) then I suppose I would still have to bear 50% of the cost. I guess you have that option to consider.
I shall be replacing my windows regardless.”
When I asked him if he would mind scanning/photo the 1-2 pages relevant to the maintenance of the building and send to me, this was his reply,
“I can do that when I get back at the beginning of November. Please let me know what you want to do, or not do. I said I would let the window contractor know today.
Whatever you decide I still won't be buying any of your windows/doors for you”
The new window installation is scheduled to begin early October.
Is he correct?
I look forward to your reply,
Kind regards,
