Commercial Lease

[blueily]

My commercial community nursery lease says:

Description of property

The internal, non structural parts of (the property) .... which shall include where the context so admits
...
(iii) All windows, glass and doors window frames and door frames both internally and externally

The description of the property and the list of responsibilities contradict each other. Am I responsible for the outside frame rotting of an external window? I do not know whether the window is structural or not, and I do not understand whether "where the context so admits" limits liability to just internal non structural as specified

The building is owned by a local residents association and was gifted to them by the council to continue to provide for the continuation of the nursery rather than disposing to the private market. Unfortunately the RA now has a new director who is trying to make the nursery pay for the replacement of the windows in a grade 2 listed building at c. £5,000 each. Help greatly appreciated

[james_law]

Where the context so admits - is widening the scope of of your potential liability and limiting theirs potentially. Its the circumstances of a particular item which will dictate whether its your liability or theirs.

I would be more inclined to say that the nursery will be liable as generally windows are not a structural part however this would be a matter of fact to prove. I believe there is no definitive answer to what is a ''structure'' but has been defined as 'elements which give the building its stability and form'.

Probably would be better to seek some face to face advice on the matter.

[des8]

Sheffield City Council v Oliver [2008] EWLands LRX/146/2007.
The Lands Tribunal has found that the external windows of a flat formed part of the structure and exterior of the flat.