GRA2240 10 #1 Posted April 27, 2020 Who pays for replacement/repair of window frames ?. This lease concerns an 1880's leasehold property converted to 5 underleased flats in 1970's. I am sole drector/shareholder (£50 nominal/fully paid capital) of headlessee/underlessor company (also underlessee of 1 flat in common with spouse). Company holds no reserve funds of any kind - no power in underlease to levy underlessee contribution,ie. advance payments. Company/underlessor has no equitable value interest - no net assets (other than £50 capital). Timber window frames not repainted by underlessees as required 5 yearly by covenant following written requests over 3 years by underlessor. 3 bay windows in 1 flat (out of 46 in all flats) have rotted - now need repair/replacement. Covenants apparently directly relevant state: "2. The Lessee (Tenant) hereby covenants with the Landlord (underlessor) as follows: (3) "To do and execute or cause to be done and executed during the said term all such works as under or by virtue of any Act or Acts of Parliament for the time being in force are or shall be directed or necessary to be done or executed upon or in respect of the Flat or any part thereof whether by the owner Landlord (i.e. the "Underlessor") tenant ("underlessee) or occupier and at all times to keep the Landlord indemnified against all claims demands and liabilities in respect thereof." "3. The Lessee ... hereby covenants with the Landlord and with and for the benefit of each of the lessees of any other Flat of any other Flat forming part of the said property (all of whom the Landlord and the said lessees are hereinafter collectively called "The Covenantees") for the benefit and protection of the property respectively vested in the Covenantees and each and every part thereof from time to time and at all times hereafter:- (1) "To put keep and maintain the Flat and every part thereof in good and substantial repair order and condition generally as respects the structure decorative condition cleanliness and tidiness thereof and without prejudice to the generality of the foregoing to keep and maintain in such state of repair order and condition all floors floor joists walls pipes drains conduits wires and cables and all foundations land boundaries and fences stairs and staircases roofs and roof rafters entrance ways passageways landings footpaths and forecourt as form part of the flat." (2) Without prejudice to the foregoing: (a) "One in every Five years of the said term and in the last year thereof (whether the term shall determine by effluxation of time or in any other way) to paint all of the outside wood and iron work stucco rendering or cement work and other outside parts of the Flat previously or which ought to be painted with two coats ... " (4) "To contribute and to pay to such one or more of the Covenantees as shall incur the costs and expenses hreinafter mentioned one fifth part of the costs and expenses incurred in keeping in substatial order and condition pursuant to the provisions in that behalf contained or to be contained in the Leases of the other flats forming part of the said property such of the following parts of the said property as do not form part of the Flat that is to say all floors floor joists walls roofs roof rafters chimney stacks gutters rain water pipes drains conduits wires and cables foundations boundaries and fences entrance ways passageways landings footpaths and the forecourt stairs and staircases to the said property and such of the following as are enjoyed or used in connection with two or more of the flats forming part of the said property namely gas and water pipes drains and electric cables and wires stairs and staircases entrance passages and landings ... ". "6. It is hereby further agreed and declared as follows:- (1) "For the avoidance of doubt it is declared that this Lease shall always be construed so that (a) "the joists upon which the floors of the upper flat or flats rest are the property of and shall be maintained and repaired by the owner or owners of the upper flat or flats ". (b) " the footings and foundations main walls and timbers of the Flat up to the level of the stone work supporting the said joists are the property of the Lessee (Tenant) and shall be maintained by the Lessee ..." -------------------------------------------------------------------------- Share this post Link to post Share on other sites Share this content via...
spider1 11 #2 Posted April 27, 2020 (edited) 21 hours ago, GRA2240 said: Who pays for replacement/repair of window frames ?. This lease concerns an 1880's leasehold property converted to 5 underleased flats in 1970's. I am sole drector/shareholder (£50 nominal/fully paid capital) of headlessee/underlessor company (also underlessee of 1 flat in common with spouse). Company holds no reserve funds of any kind - no power in underlease to levy underlessee contribution,ie. advance payments. Company/underlessor has no equitable value interest - no net assets (other than £50 capital). Timber window frames not repainted by underlessees as required 5 yearly by covenant following written requests over 3 years by underlessor. 3 bay windows in 1 flat (out of 46 in all flats) have rotted - now need repair/replacement. Covenants apparently directly relevant state: "2. The Lessee (Tenant) hereby covenants with the Landlord (underlessor) as follows: (3) "To do and execute or cause to be done and executed during the said term all such works as under or by virtue of any Act or Acts of Parliament for the time being in force are or shall be directed or necessary to be done or executed upon or in respect of the Flat or any part thereof whether by the owner Landlord (i.e. the "Underlessor") tenant ("underlessee) or occupier and at all times to keep the Landlord indemnified against all claims demands and liabilities in respect thereof." "3. The Lessee ... hereby covenants with the Landlord and with and for the benefit of each of the lessees of any other Flat of any other Flat forming part of the said property (all of whom the Landlord and the said lessees are hereinafter collectively called "The Covenantees") for the benefit and protection of the property respectively vested in the Covenantees and each and every part thereof from time to time and at all times hereafter:- (1) "To put keep and maintain the Flat and every part thereof in good and substantial repair order and condition generally as respects the structure decorative condition cleanliness and tidiness thereof and without prejudice to the generality of the foregoing to keep and maintain in such state of repair order and condition all floors floor joists walls pipes drains conduits wires and cables and all foundations land boundaries and fences stairs and staircases roofs and roof rafters entrance ways passageways landings footpaths and forecourt as form part of the flat." (2) Without prejudice to the foregoing: (a) "One in every Five years of the said term and in the last year thereof (whether the term shall determine by effluxation of time or in any other way) to paint all of the outside wood and iron work stucco rendering or cement work and other outside parts of the Flat previously or which ought to be painted with two coats ... " (4) "To contribute and to pay to such one or more of the Covenantees as shall incur the costs and expenses hreinafter mentioned one fifth part of the costs and expenses incurred in keeping in substatial order and condition pursuant to the provisions in that behalf contained or to be contained in the Leases of the other flats forming part of the said property such of the following parts of the said property as do not form part of the Flat that is to say all floors floor joists walls roofs roof rafters chimney stacks gutters rain water pipes drains conduits wires and cables foundations boundaries and fences entrance ways passageways landings footpaths and the forecourt stairs and staircases to the said property and such of the following as are enjoyed or used in connection with two or more of the flats forming part of the said property namely gas and water pipes drains and electric cables and wires stairs and staircases entrance passages and landings ... ". "6. It is hereby further agreed and declared as follows:- (1) "For the avoidance of doubt it is declared that this Lease shall always be construed so that (a) "the joists upon which the floors of the upper flat or flats rest are the property of and shall be maintained and repaired by the owner or owners of the upper flat or flats ". (b) " the footings and foundations main walls and timbers of the Flat up to the level of the stone work supporting the said joists are the property of the Lessee (Tenant) and shall be maintained by the Lessee ..." -------------------------------------------------------------------------- 21 hours ago, GRA2240 said: Who pays for replacement/repair of window frames ?. This lease concerns an 1880's leasehold property converted to 5 underleased flats in 1970's. I am sole drector/shareholder (£50 nominal/fully paid capital) of headlessee/underlessor company (also underlessee of 1 flat in common with spouse). Company holds no reserve funds of any kind - no power in underlease to levy underlessee contribution,ie. advance payments. Company/underlessor has no equitable value interest - no net assets (other than £50 capital). Timber window frames not repainted by underlessees as required 5 yearly by covenant following written requests over 3 years by underlessor. 3 bay windows in 1 flat (out of 46 in all flats) have rotted - now need repair/replacement. Covenants apparently directly relevant state: "2. The Lessee (Tenant) hereby covenants with the Landlord (underlessor) as follows: (3) "To do and execute or cause to be done and executed during the said term all such works as under or by virtue of any Act or Acts of Parliament for the time being in force are or shall be directed or necessary to be done or executed upon or in respect of the Flat or any part thereof whether by the owner Landlord (i.e. the "Underlessor") tenant ("underlessee) or occupier and at all times to keep the Landlord indemnified against all claims demands and liabilities in respect thereof." "3. The Lessee ... hereby covenants with the Landlord and with and for the benefit of each of the lessees of any other Flat of any other Flat forming part of the said property (all of whom the Landlord and the said lessees are hereinafter collectively called "The Covenantees") for the benefit and protection of the property respectively vested in the Covenantees and each and every part thereof from time to time and at all times hereafter:- (1) "To put keep and maintain the Flat and every part thereof in good and substantial repair order and condition generally as respects the structure decorative condition cleanliness and tidiness thereof and without prejudice to the generality of the foregoing to keep and maintain in such state of repair order and condition all floors floor joists walls pipes drains conduits wires and cables and all foundations land boundaries and fences stairs and staircases roofs and roof rafters entrance ways passageways landings footpaths and forecourt as form part of the flat." (2) Without prejudice to the foregoing: (a) "One in every Five years of the said term and in the last year thereof (whether the term shall determine by effluxation of time or in any other way) to paint all of the outside wood and iron work stucco rendering or cement work and other outside parts of the Flat previously or which ought to be painted with two coats ... " (4) "To contribute and to pay to such one or more of the Covenantees as shall incur the costs and expenses hreinafter mentioned one fifth part of the costs and expenses incurred in keeping in substatial order and condition pursuant to the provisions in that behalf contained or to be contained in the Leases of the other flats forming part of the said property such of the following parts of the said property as do not form part of the Flat that is to say all floors floor joists walls roofs roof rafters chimney stacks gutters rain water pipes drains conduits wires and cables foundations boundaries and fences entrance ways passageways landings footpaths and the forecourt stairs and staircases to the said property and such of the following as are enjoyed or used in connection with two or more of the flats forming part of the said property namely gas and water pipes drains and electric cables and wires stairs and staircases entrance passages and landings ... ". "6. It is hereby further agreed and declared as follows:- (1) "For the avoidance of doubt it is declared that this Lease shall always be construed so that (a) "the joists upon which the floors of the upper flat or flats rest are the property of and shall be maintained and repaired by the owner or owners of the upper flat or flats ". (b) " the footings and foundations main walls and timbers of the Flat up to the level of the stone work supporting the said joists are the property of the Lessee (Tenant) and shall be maintained by the Lessee ..." -------------------------------------------------------------------------- This a job for a solicitor -Good luck with this one looks like sale time to me As far as i was aware the free holder only owns the land which buildings stand on and have no resposibility for buildings Edited April 28, 2020 by spider1 Share this post Link to post Share on other sites Share this content via...
Jeffrey Shaw 90 #3 Posted April 29, 2020 (edited) On 27/04/2020 at 22:49, spider1 said: This a job for a solicitor -Good luck with this one... As far as i was aware the free holder only owns the land which buildings stand on and have no resposibility for buildings Yes, it needs proper (= paid-for) advice. But what you say re freeholder is not automatically the case. Who maintains what depends on what the lease stipulates, read alongside s.11 of the Landlord and Tenant Act 1985 as to short leases- see http://www.legislation.gov.uk/ukpga/1985/70/section/11 Edited April 29, 2020 by Jeffrey Shaw Share this post Link to post Share on other sites Share this content via...
