• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Commercial Lease

  • Filter
  • Time
  • Show
Clear All
new posts

  • Commercial Lease

    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
    Tags: lease

  • #2
    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.
    The information I supply is provided for informational purposes only and, should not be construed as legal advice.


    • #3
      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.


      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.