Cases - Reston Ltd v Hudson
Record details
- Name
- Reston Ltd v Hudson
- Date
- [1990]
- Citation
- 37 EG 86
- Legislation
- Keywords
- Commercial property - property management - dilapidations - windows - replacement
- Summary
-
Windows/window frames - It was discovered that many of the timber window frames were defective and required to be replaced. The judge noted that, for aesthetic reasons, it was desirable that one would either repair the defective ones with similar material or replace the lot; one would not replace some of them with different material, leaving other window frames of the original material. The landlords had taken the view that the time had now come when it would be appropriate to replace all the timber windows. If they did that under one substantial contract it would be considerably cheaper than it would be if it were left to individual tenants to do it from time to time. Despite a reference in the demise of the flat to ‘glass windows therein’, the judge came to the conclusion that the external windows were not included in the demise. It appeared that there were internal glass windows in the flats and this, together with other features of the lease, satisfied him that the external windows were not included. The landlord’s repairing covenant covered, among other things, ‘windows and structures of the estate other than those for which the lessee is responsible’. If the external windows were not included in the demise, the tenant was clearly not so responsible. The service charge payable by the tenants covered ‘costs and expenses incurred by the lessor’, including the matters for which the lessor was responsible under the repairing covenants.