Velux needs replacing in my leasehold flat - who pays?

[HBee]

I would be grateful for advice from the learned people on here about whether I (the lessee) or the freeholder should be paying to replace a window in my flat. Please could you read the latest email below sent to the management agency which I think explains the situation, and let me know your thoughts.

I have been reading the lease for the property and my understanding from this is that wear and tear damage to the frame around the window is the responsibility of the freeholder, whereas if it is just the window that needs replacing this is done by the leaseholder.

In this case it is both the wooden frame around the window attached to the building that has rotted badly, as well as the frame around the Velux window itself.

As the frame attached to the building is damaged, does this affect where responsibility lies for its repair?

I seem to recall that as part of the major maintenance work that was carried out on the front elevation of the whole building last year and paid for out of the maintenance budget, repair work was done on the exterior window frames for the 1st and 2nd floor flats. Does this set a precedent for similar repair work to be done on the window frame in Flat 6?

I would just like to be absolutely certain regarding responsibility for this work before any cheques are signed as quotes that I have been obtaining indicate that it is likely to cost several hundred pounds.

 

[HBee]

Quotes from the lease:
(my property is Flat 6)

The Second Schedule before referred to The Reserved Property:
...Thirdly all those the main structural parts of the buildings forming part of the estate including the roofs foundations and external parts thereof (but not the glass or sashcords of the windows of the flats)

The Third Schedule before referred to The Premises
All that Flat forming part of the property situated on the third floor and being one of the flats and known as Flat Number 6 aforesaid. All which said Flat and premises are for the purpose of identification only and not of limitation delineated on the plan annexed hereto and thereon edged Red TOGETHER with the external balcony where the same exists and the ceilings and floors of the said Flat and the joists and beams on which the floors and laid TOGETHER with all cisterns tanks sewers drains pipes wires ducts conduits and all windows frames and doors used solely for the purpose of the said Flat but not others...

The Lessee shall maintain uphold and keep the premises and all walls sewers drainspipes cables wires and appurtenances thereto belonging in good and tenantable repair and condition.

EXCEPT AND RESERVED from the demise the main structural parts of the buildings of which the said Flat forms part including the roof foundations and external parts thereof but not the glass and sashcords of the windows of the said Flat nor the interior faces of such of the external walls as bound the said Flat.

 

[eddieed]

The Freeholder will never pay, there should be a management company, normally appointed by either the lease holders or the freeholder who hold a maintenance fund. They would be responsible for the repair, if the windo was part of the original fabric. Should it have been installed at a later date then it is probably your responsibility.

 

[SimonH2]

Consider that the freeholder and/or the management company will never be out of pocket on this. There are two routes to paying for it :

1) You pay for it.

2) The freeholder or management company pays for it choosing whoever they want without regard to cost as they won't be standing the cost in the end, adds their markup, and then charges it on to the leaseholder(s).

For the latter route, you may personally save as the cost is likely to be spread between the lessees - but between you you'll pay more.

EDIT: That's why, for the flat I have a leasehold on, if there are things that need doing, the 4 of us just get it done ourselves. That may not work for you of course.