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Reston Ltd v Hudson and others

Language: English Series: Estates Gazette ; (1990) 37 EG 86-88(2)Publication details: 1990Subject(s): Summary: ChD 26 January 1990. Summons by landlords R, seeking declarations as to the liability under 99-year lease s of flats in a block of flats, for the replacement of external windows , including the frames . The defendants (H) were individual tenants of the flats. During recent redecoration it had been discovered that many of the timber window frames were defective and needed to be replaced. It was obviously more satisfactory and cheaper to replace them all at the same time, rather than leave it to individual tenants, but the question arose as to the responsibility for replacement and whether the cost would be covered by the service charge . ChD held that the external windows were not included in the demise and the lessee was therefore not responsible for their repair . The lessor`s repairing covenant covered, inter alia, `windows and structures of the estate other than those for which the lessee is responsible`. The service charge payable by H covered `costs and expenses incurred by the
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Law report London Journal article ABS43388 (Browse shelf(Opens below)) 1 Available 41521-1001

ChD 26 January 1990. Summons by landlords R, seeking declarations as to the liability under 99-year lease s of flats in a block of flats, for the replacement of external windows , including the frames . The defendants (H) were individual tenants of the flats. During recent redecoration it had been discovered that many of the timber window frames were defective and needed to be replaced. It was obviously more satisfactory and cheaper to replace them all at the same time, rather than leave it to individual tenants, but the question arose as to the responsibility for replacement and whether the cost would be covered by the service charge . ChD held that the external windows were not included in the demise and the lessee was therefore not responsible for their repair . The lessor`s repairing covenant covered, inter alia, `windows and structures of the estate other than those for which the lessee is responsible`. The service charge payable by H covered `costs and expenses incurred by the