When purchasing or living in a leasehold flat, one of the common points of confusion is understanding who is responsible for maintaining and repairing different parts of the building, such as the roof and windows. This confusion often arises due to the complex nature of leasehold agreements, where the property is owned by the leaseholder for a specific period (often 99 or 125 years), but the freeholder still holds the ownership of the land and the building itself. In this article, we will explore the general responsibilities of leaseholders and freeholders concerning the roof and windows, and help clarify what each party's obligations are.
The Structure of Leasehold Ownership
In a leasehold arrangement, the leaseholder essentially rents the flat from the freeholder (also called the landlord) for the duration of the lease. The freeholder, on the other hand, typically owns the building and the land it sits on. The leaseholder's responsibilities are primarily confined to the interior of their flat, including fixtures and fittings. Meanwhile, the freeholder is usually responsible for the maintenance and upkeep of the building’s common areas and structural elements, unless the lease agreement states otherwise.
However, the specific responsibilities of the leaseholder and the freeholder can vary significantly depending on the terms of the lease. Some leases allocate the responsibility for maintaining certain parts of the building to the leaseholder, while others may place these duties with the freeholder. To determine responsibility, it is essential to refer to the lease agreement itself, as this document will outline the specifics.
The Roof
The roof is one of the most important structural elements of any structure, and roof maintenance is of utmost importance to the health and safety of its occupants. Generally, the roof belongs to the freeholder in a leasehold property as this is a part of the building structure. This involves submission to repair or replacement of a roof as may be required and protect it from leaking, and from being unsafe.
Freeholders are typically responsible for ensuring that the roof remains in sound repair to avoid damage to the entire building. However, when the roof, roof elements, and or waterproofing degrade (e.g., leaking, cracking, depreciation), generally the freeholder is required to patch the defects. Whilst it is possible for repair costs to be transferred to leaseholders through service charges or reserve funds, it is the view of the freeholder that ultimately, the responsibility for the whole to come into place is theirs.
However, there are exceptions. In cases, e.g., in relation to roof, or particular roof elements contained in certain leases, there are procedures for finding the maintenance obligations of leaseholders, for instance, for top floor flats/penthouses. In these cases, the leaseholder may also be required to maintain the roof over the flat floors in good repair, although the freeholder is not required to give a clear general condition of the structure of the building.
The Windows
Window in a leasehold flat may result in more disagreement about who is responsible for maintenance than the rest of the flat. Similar to the roof, windows are an essential element of the building’s exterior and can affect the property’s overall safety, comfort, and energy efficiency. However, responsibility for these windows may vary drastically depending on the type of lease.
In the majority of instances, the freeholder has responsibility for the external glazed units (i.e. the frames) as these constitute part of the structure of the building. Any damage to the windows, for instance, the cracked glass that is damaged, or the frames that are in poor condition, would normally be the responsibility of the freeholder on whose behalf the repair is carried out. Such repairs may be claimed through service charges paid to leaseholders since they are an element of the building's community maintenance.
However for leaseholders, the role responsibility for the window seldom is restricted to the inner pane (or surface) of the window itself. This thus implies that if a leaseholder wishes to clean the windows or renew internal fittings, then that would generally be met by their own costs. Furthermore the lessee may be required to keep the windows to be in line with the glazed design of the leasehold flat windows as the windows are considered to belong to the lessee, that is, the lessee's private sphere and thus an item of the lessee's private sphere furnishings. This could include replacing damaged window locks or handles.
In certain instances, where the lease clearly states the leaseholder is at fault for the cost of repair of windows, even when the external is architecturally integral to the building structure. This can result if a flat has been changed by a leaseholder (e.g., retrofitting with double glazing), or leasing is exceptionally abnormal.
Alterations and Improvements
One related issue about responsibility for roof and window repairs and maintenance is the issue of modification. Leaseholders are typically not permitted to alter the building structure without permission of the freeholder. This includes modifications to the roof or windows. Alterations (internally and externally) always require a permission from the freeholder and the absence of a decision may lead the respondent to legal action or litigation.
Where the leaseholder aims to either repair or modify windows, e.g. To fit more energy-efficient windows) they will possibly be obliged to apply to the freeholder for consent. It also holds true that, in the case of the roof being remodelled in order that satellite dishes, skylights, or other devices are appropriate for an installation, the leaseholder is required to be in a position to obtain all necessary approvals to make any changes. In circumstances such as this, the lessee could also be held responsible for reversing these remodelling, though he/she would not be held responsible for structural components unless otherwise provided for in the lease.
Service Charges and Reserve Funds
In the general case, the expenses for maintenance and repairing the roof and the windows are "charged to" the leaseholders, in the shape of service charges. These items all relate to communal space and structural requirements of the building (e.g., roof, windows). The freehold property manager usually adds to the cost of the fee on a collective basis, to pay for repairs, renewals and improvements to the common ground. A portion of the charges may be allocated as a reserve for large items, such as the "whole roof replacement", or "whole window refitting.
Likewise, they can also vary considerably and leaseholders must be aware they may also face increases as well, particularly if a major repair is needed. Leaseholders need to carefully check their service charge accounts to make sure that they are being charged fairly and that money is being spent correctly.
Conclusion
Leaseholders need to be aware of who is responsible for the roof and windows of a leasehold flat in order that they will not incur disputes and will be properly able to maintain their flat. Despite the general duty of the freeholder in regard to the structural elements of a building, as contractually defined in the lease, that duty may be otherwise restricted to the extent defined in the lease.
For the sake of clarification, leaseholders should check their lease and bring up suspicions with the freeholder or managing agent. Accordingly, there can be a guarantee to both parties that the same property is to be maintained correctly and repairs/improvements will be carried out as per the terms of the lease.
Determining the responsibilities of owners of leaseholds and freeholds about upkeep can sometimes be problematic. But if you need any of the painting, decorating, or property maintenance jobs, Adam Painters and Decorators are available to do any special, tailor-made jobs according to your requirements. No matter if you are wanting to improve the look of your house or need work done, our group is there to support you in keeping your property in top shape.