De Ja VU
I pay £22.00 monthly not to get this answer from you. Every time I ask a question you appear do you want your question to be answered. I think you are not acting professionally and yes I expect my question to be answered. The expert in this regard is property lawyer.
I also have huge concern about you appearing as an expert on the page which seems my question is answered by an expert while you are an expert.
Also I have requested this before about a page with list of your expert which we can go to but still have not provided it and keep wasting my time. I expect an answer to my question.
Hi Tony, please see below
a) the demised premises include:
(iv) all doors door frames windows (including glazing therein) and window frames thereof and the internal painted or varnished surfaces of all windows windows frames doors and door frames thereof’
(b) the demised premises do not include:
(iii) the external painted or varnished surfaces of the doors door frames windows and window frames of the demised premises’
and it is hereby further agreed and declared that in case of any doubt or dispute as to whether any part of the building is structural or non-structural the matter shall for the purpose of determining what constitutes the extent of the demised premises be conclusively determined by the surveyor (as defined in the third Schedule to this lease)
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?
Whatever is in our lease in relation to repair obligations and the windows and its frames has been mentioned in my previous post. I have also in inverted coma posted landlord's argument. please give your opinion about their argument and my questions listed at the end of my post. It is not necessary for me for further service at this stage but however I may need it soon. so please do give me your skype details and cost.
Hi, I am not sure you have posted the repair obligations in the above posts. What you have shown is the description of the extent of the demise. The repair obligations are different and usually contained further into the lease. So, for example, the repair obligations may say that the Landlord has the right to repair and maintain premises where the tenants are failing to do so. This is important as, I agree with you, on the face of it they should only be allowed to touch the surface with paint or varnish, rather than the "structure" of the frames. However if there is a default provision allowing them to repair where there is disrepair then it may change things,and impacts on the likelihood of obtaining an injunction. As a side point I would say is that it is quite a costly affair obtaining an injunction,and not one to take lightly. Indeed you have to give the court a "undertaking for damages" which means if you obtain an interim injunction that is then not upheld in the final hearing, you will be liable for cost and damages of the Landlord
I have decided to go for it. I am fed up with their bullying tactics.
If there were any other clause, I'm sure their lawyers would have mentioned it in their letter to me which I have posted the important part above. And in any case I have directly have asked them whether there was any clause or provisions in the lease that would allow them to repair my window frames, They said no but it is appropriate to repair them before painting them. Just because they think it is "appropriate" does not give them the contractual right.
Even if there were such clause you mentioned, they should at least give us a chance and say to lessees that hey should repair their windows so they can get on with their maintenance obligations.
Would you know the application numbers for the injunction?
and you did not post me your skype name and your fees.