Splitting the bill: who is responsible for repairing the dormer windows in my top floor leasehold flat?

Question: My daughter lives in the top-floor flat of an Edwardian terrace property. There are dormer windows and a skylight in the roof, which we believe were in place when the 999-year leases were first drawn up back in the Nineties. Are these dormer windows and skylight a shared cost when it comes to doing repairs, which at least one dormer badly needs?

Answer: Leases vary and as there is no standard template, your daughter should check the terms of hers before she does anything about the work required.

The flat in which she has a leasehold interest will be referred to as the demised premises — the lease should define the extent of those premises and should also define the common parts of the building. The lease should also impose express repairing covenants on the leaseholder and landlord.

Look carefully at the description of the demised premises and at the leaseholder’s repairing covenants to see if the dormer windows and skylight are mentioned. Your daughter will be responsible for repairing the demised premises.

Generally a landlord is responsible for the repair of the fabric of the building which usually means the structure and exterior, including the roof and windows. If responsibility for the dormer windows and skylight is not covered specifically in the lease, examine the general repairing covenants in the lease to see if they assist with your query in any way.

Though the dormer windows and skylight presumably only serve your daughter’s flat they are still part of the fabric of the building, and so arguably are also the responsibility of the landlord.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.