Regent on the River Ltd v Bishop – who is liable to repair glass “roof” panels?

The case of Regent on the River Ltd v Bishop & Anor [March 2026] considered liability for the repair of glazing in a penthouse flat, specifically, whether it comprised “windows” in which case it was the tenant’s responsibility, or was part of the “roof” in which responsibility lay with the landlord.  It was an appeal to the High Court, the judge at first instance holding that the landlord was liable.

The glazing itself was “an unusual hybrid architectural feature”, comprising what was described as a “cross between a bay window, a dormer window, a rooflight and a truncated conservatory”. It was made up of 25 glass panels, 4 of which could be opened; the remaining 21 fixed panels formed a sloping glazed structure and were in disrepair. 

The definition of the demised premises included “all doors and windows including… the glass… BUT EXCLUDING the Main Structure”.  The “Main Structure” was defined to include “the roof”.  The tenant’s repairing covenant including an obligation to “glaze” the demised premises and to keep the “doors glass windows fixtures fittings…serving the Demised Premises alone…in a good state of repair and condition”. 

The panels could not be repaired in situ, nor be removed from inside the flat. They would need to be lifted off the penthouse framework from above which would require scaffolding to be erected. The total cost of repair was in the region of £75,000.

The judge rejected the appeal, finding that the 21 fixed panels formed part of the Main Structure. He commented that it is usually fairly obvious what is a window in the ordinary usage of the term and what is not. As he put it “it may be hard to describe an elephant but you know one when you see one”.  

In reaching his decision he noted that ultimately it is a matter of construction of the lease but that terms such as “roof” and “window” should be given their everyday meaning in context.  Here, unlike the 4 opening windows, the glazing provided shelter and insulation and, in the judge’s view, “a window…conveys the sense that it is an opening in a wall or roof for some amenity such as light or air”. Although primarily made of glass, this did not make each of the individual 21 panels windows. 

The case reinforces the need for clear lease drafting that allocates responsibility for non-standard or hybrid features (such as glazed roofs or structural glazing) rather than relying on generic terms like “windows” or “structure”.

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