Thank you for your response and of course I would like you to be as honest as possible in your professional view.
I am confused with some part of your response:
I accept the window and its frames belong to lessees and I accept each of them should have consented to its replacement. That is the argument we have been given for the past two years.
However nowhere in this clause or any other clause in our lease give the right to the landlord to repair any part of our windows or its frames and it does states that the lessees are responsible for the frames and its repairs.
My argument is that according to our lessee, the landlord can only for instance sand the surface and do all the necessary works to the SURFACE of the frames and make them ready for the paint but they cannot repair my window frames by injecting plastic materials and at some cases replace the timbers as 95% of the frames are rotten at the base without my consent. The mechanism is to maintain the external paint and varnishes. These are my windows and I am responsible for repairing them. Right?
Please see below landlord’s lawyers’ response to me as they kind of contradict themselves:
“Part 1 of the First Schedule to the Original Lease provides that the premises let to you include “all windows (including glazing therein) and window frames thereof and the internal painted or varnished surfaces of all windows and window frames”.
However it is specifically stated that the premises let to you do not include the external painted or varnished surfaces of the windows and window frames.
Consequently, you are responsible for the repair, Maintenance and renewal of the windows (including glazing therein) and the window frames and the internal painted or varnished surfaces of all windows and window frames under your general repairing obligation at clause 1 of the Forth Schedule to the Original Lease.
The commissioners are responsible for repairs to the external painted or varnished surfaces of the windows and window frames and are obliged to carry out those works to the window frames of the property under the terms of the Original lease: Your consent to the carrying out of those works is not required”.
My question is considering their argument above:
1- How much are my chances if I applied for injunction?
2- Can I do it since the observation time limit was until 19th of June. 47 people out of 127 flat have disagreed with repairs through their observation and thought it was wasting money and they should be replaced. Not even one lessee has sent an observation to agree with the proposed work. They are responding this week to our observation.
3- How much does it cost to apply for injunction?