External parts
A covenant to repair the external parts of a demised house comprises the partition wall between it and an adjoining house, even though the wall is not exposed to the elements, because the external parts of premises are defined as those which form the enclosure of them, and beyond which no part of them extends. [Green v Eales (1841) 2 Q.B. 225; Pembery v Lamdin, [1940] 2 All E.R. 43, CA.] So where the local authority pulled down the adjoining house, leaving the dividing wall without support, and the landlord did nothing to repair it or to prevent it sinking, he was held liable, under his covenant to repair the external parts excepting the glass and lead of the windows, for the lessee’s expenses in rebuilding the wall and for glass broken by the sinking of it; but not for rent and the expenses of the lessee for other premises during the progress of the repairs. [Boswell v Crucible Steel Co. [1925] 1 K.B. 119.]
Windows and skylights
Plate glass windows have been held to be
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I own a (tenanted) flat in a block where the freeholder is a Housing Association, Plymouth Community Homes,(PCH). It has been notified to me that they are to fit overcladding to all the external walls of the building to “improve the thermal efficiency of the whole block”. They also propose to replace existing uPVC windows in the block for more modern units, stating the same “thermal efficiency” reason. A proportion of this work is to be charged to me.
My lease only mentions my liabilty as being for repairs & maintenance to ‘common parts’. Am I liable for these proposed charges in your opinion ? Thank you.
Chris Betts