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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Can you please clarify what this section below in my lease

Resolved Question:

Can you please clarify what this section below in my lease means. My interpretation is that each freeholder is responsible for the window glass and the frame in which the glass sits, but anything else is structural and is therefore shared amongst the freeholders. Thanks
"All that first and second floor flat forming part of the Estate and being one of the Flats and known as Flat 36b Rommany Road aforesaid all which said flat is delineated on the said plan annexed hereto and theron edged red together with the ceilings and floors of the said flat and the joists and beams on which the floors are laid but not the joists or beams to which the the ceilings are attached AND together with all cistern tanks sewers drain pipes wire ducts and conduits used solely for the purpose of the said flat but no others EXCEPT AND RESERVING from the demise the main structural parts of the building of which the said flat forms part including the roof foundation and external parts thereof but not the frames or glass of the windows of the said flat nor the interior faces of such of the external walls as bound the said flat AND internal walls separating the Demised Premises from any other part of the Estate shall be party walls and shall be used repaired and maintained as such."
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
My view is that frames/glass of the windows are the responsibility of the leaseholder (ie. the tenant/lessee.
The clause is the definition of the demise, so what is included and excluded under the lease.
“EXCEPT AND RESERVING” is a way of saying “but not including”. So, when it says “except and reserving” the main structural parts. It means that the structural parts are not included.
However, when it excepts/reserves the “external parts” it says that the “but not the frames or glass of the windows of the said flat”. This is exclusion from the exclusion (if you get my meaning). So, the externals parts are excluded from the demise but – within this - the frames and the glass in the windows are not excluded.
This means that they fall within the definition of the demise and the leasehold/tenant/lessee would be under a duty to keep them in repair because there will be a covenant to do this.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

So just to clarify... anything external facing is the responsibility of all those who own/share the freehold, excluding the window panes and the frames in which the windows sit (i.e. the window frames) which are the responsibility of the individual tenants.

Thanks

Expert:  Thomas replied 2 years ago.
Hi,
Correct, that is my interpretation of the demise clause.
However, the lease may have service charge payable by the tenants of the flats so costs of repair to the exterior would ultimately end up being folded in to the service charge.
Tom
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