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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I own a flat, the exterior of which needs repainting. I cannot

Customer Question

I own a flat, the exterior of which needs repainting. I cannot understand from the lease (with 'save for' and 'excepting and reserving') whether I or the management company should pay ?

Nicholas Catling
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

What does the lease actually say please?

JACUSTOMER-6drevq19- :

I hope I have attached a copy of the second schedule. The question is - is it me or the management company who should be painting the external window frames of the flat (mine is on the top floor). Last time it was painted by them. This time they are saying it's my responsibility.

tdlawyer :

I'm afraid there is no attachment. Are you able to trype out the clause that makes reference to the Second Schedule (in the main part of the lease) and then the line of the Second Schedule that's refelevant?

tdlawyer :

relevant?

JACUSTOMER-6drevq19- :

Here goes -

JACUSTOMER-6drevq19- :

PARTICULARS

tdlawyer :

ok :)

JACUSTOMER-6drevq19- :

5/ the buidling - means the building comprising several apartments and all structural parts thereof including the roofs gutters rainwater pipes foundatiions floors all walls bounding individual dwellings therin and all service installations not used soley for the purpose of an individual dwelling

JACUSTOMER-6drevq19- :

12/ the maintained property means those parts of the development which are more particularly described in the second schedule and the maintenance of which are the responsibility of the managemnt company

JACUSTOMER-6drevq19- :

SECOND SCHEDULE

JACUSTOMER-6drevq19- :

All those parts of the development comprising ;-

JACUSTOMER-6drevq19- :

4/ the entrance hall landing staircase and other parts of the building shown on the cross hatched plan which are used in common by the owners or occupiers of any two or more of the dwellings therein and the glass in the windows of such common parts together with all decorative parts therto

JACUSTOMER-6drevq19- :

5/ the structural parts of the building including the roofs guttering rainwater pipes foundations floors and walls bounding individual dwellings therein and all external parts of the building including all window frames and all service installations not used solely for the purpose of an individual dwelling together with all external decorative parts ancillary thereto

JACUSTOMER-6drevq19- :

EXCEPTING AND RESERVING from the maintained property

JACUSTOMER-6drevq19- :

1/ the glass and windows of all individual dwellings SAVE FOR the external decorative parts therof.

JACUSTOMER-6drevq19- :

end

tdlawyer :

ok bear with me

tdlawyer :

I see - you're saying the issue is within the wording of no.5 in schedule 2, which refers to not used solely to the purposes of that particular apartment/flat?

JACUSTOMER-6drevq19- :

Yes - I don,t understand the 'excepting' and 'save for' ?

tdlawyer :

Yes, I thought as much. Okay, the words mean what you expect them to mean, i.e. "excluding". But, the issue is how that applies in context. My feeling is that the intention and meaning of the lease is that its not the external walls of the premises are the owner's responsibility. It would be manifestly inconsistent if the window externals were taken control of by the management company but the walls were not. Also, the external walls are used for the benefit of the remaining structure and thus, for other owners.

tdlawyer :

Therefore, my view would be that the external walls are the responsibility of the management company.

JACUSTOMER-6drevq19- :

It's the window frames I am concerned about - the walls are brick

tdlawyer :

Ah,the window frames are expressly stated to be the management company's responsibility under clause 5 of the second schedule.

tdlawyer :

And this is reinforced by clause 1 of the "excepting and reserving" part.

JACUSTOMER-6drevq19- :

OK - thanks, can I quote you that ?

tdlawyer :

You can if you wish, yes.

tdlawyer :

Is there anything else you would like me to answer for you?