Bird Nesting Nuisance
Q: The exterior extractor fan covers in our development are not fit for purpose. Many of the slats have broken off and birds are entering through them and nesting in the ducting. As many of these covers are on the exterior walls on the third and fourth floor it would be necessary to hire a cherry picker or scaffolding tower to replace them. Our management company say that this is not their responsibility as the covers are demised to the apartments.
Please can you indicate where this is stated in our lease?
FPRA Committee Member Shaun O’Sullivan replies:
I am assuming that the extractor fans / ducts in question are serving individual flats and not the common areas of the building. That being the case ’The Premises’ (as defined in Clause 1(h) of the lease as meaning the ‘…property hereby demised as described in the Third Schedule…’ ) include ‘…drains sewers pipes wires cable ducts conduits and channels used solely for the purpose of the said Apartment….’ .
In my view this would include anything related to the extractor fan and the associated duct serving any individual flat. To that extent I believe the management company are right in their assertion. Perhaps there’s a case for those lessees affected to join forces in order to minimise the cost of repair.
[Submitted October 2018]