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Hello my name is ***** ***** I will help you with this.
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in our lease the window frames is demised premises and the responsibility of repairs lies with lessee. so we have to repair the damaged frames as they are old and some part of them needs timber replacement. Landlord has given us the choice to replace them, however they say the replacement is considered alteration which is not allowed in our lease and we have to apply for licence which cost us another £800.00.
Please advise what does the areas I have bolded below means in the context? Could it mean that we can replace our windows?
"condition of the demised premises and all defects decays and wants of reparation found in breach of the lessee’s covenants agreements and provisions in this lease contained to give notice in writing to the lessee who shall with all proper despatch (and in any case within three months after service of such notice) well and sufficiently repair and amend the demised premises accordingly PROVIDED ALWAYS that in case of any default in the performance by the lessee of the foregoing covenant and if the same be not in fact remedied within a reasonable time (but in any event within three months) after such notice or in the case of any notice of works coming within Clause 3 of this Schedule within the time specified in such notice it shall be lawful for the Lessors ( but without prejudice to any other right or remedy) to enter upon the demised premises (at any time or times)and repair or put in order the same of carry out any such works at the expense of the lessee as may then be necessary to render the demised premises in accordance with the covenants agreements and provisions of this lease.
It means that the clause is without harming any other right they may have
They can come onto the property and repair or put in order whatever is defective
Does that clarify?
Ok so it refers to their right and remedy and not my rights?
I guess my question is since the windows are rotten will i have the right to replace them as some timbers have to be replaced as a remedy chosen by me to rectify the problem and therefore should not have to apply for a licence for it.
Correct, their right and not yours.
Generally will I have the right to choose remedies suitable to fulfill my obligation to the lease. The lease does not specify how it should be repaired or maintained. So can i choose replacement as a remedy since the windows are at the end of their life and if we repair them, in couple of years time it is rotten again.
That is correct.
Even replacement is considered as alteration and alteration is not allowed in another clause in the lease?
If something is replaced like for like, that is not being altered, simply repaired.
Does that clairfy?
Well it is not like for like in a way. Our current windows are timber and the we want to replace it with PVC but exactly the same look. The landlord have already replaced a few of their own flats in the block to PVC. Do I have a argument?
Yes you do have an argument
Although Timber replica PVC will last far longer
Yes Thank you