Charging leaseholder for repairs?
3 years ago | 4 comments
Skylights repair project?
9:38 AM, 5th June 2023, 3 years ago
4
Hello, I have a Victorian building that is three storeys and has eight flats and was converted many decades ago. The building has three skylights on the roof, which is the ceiling (flat roof) for two flats. These are fixed non-vented (not windows per se), and are integrated into the roof. The roof is being repaired as it has cracked skylights and we are replacing the rotten frames.
One of the leaseholders has asked if the skylight works for the roof repair project costs should be shared by all or the two flats that share these skylights?
When I research this topic, definitions of skylights and if part of the building fabric, or not, seem unclear.
Thanks,
Robert
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Member Since September 2022 - Comments: 192
11:22 AM, 5th June 2023, About 3 years ago
Shared by all the eight flats !
It’s part of the roof !
No roof then water will pour into ALL the flats when it rains.
Member Since June 2022 - Comments: 111
1:48 PM, 5th June 2023, About 3 years ago
The Skylights are communal. A permanent fixture to a communal area becomes itself communal.
Member Since July 2013 - Comments: 1996 - Articles: 21
2:32 PM, 5th June 2023, About 3 years ago
With the greatest respect to Damien Rafferty and David Smith, the answer depends on the terms of the leases of the two flats.
Damien and David may be right but you need to see the definition of the “Demised Premises”. What precisely has been demised to the tenants? Does it include glass in windows? The you have to see if there are exclusions from the “Retained Parts” (or whatever it is called). The freeholder/landlord will usually only be responsible for repairing Retained Parts.
It is possible that the Tenant is responsible for the glass but the landlord for the frames.
Unfortunately, many leases are based on a generic template and may not expressly deal with skylights which are windows but also part of the roof. Without reviewing the leases it is not possible to be definitive.
Member Since June 2022 - Comments: 111
2:56 PM, 5th June 2023, About 3 years ago
Reply to the comment left by Ian Narbeth at 05/06/2023 – 14:32Thanks Ian ?