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REPAIR OR REPLACE: A costly error

26 October 2017  

A landlord should look at reasonableness when deciding whether to replace or repair windows in a block. Vipul Kapoor outlines a recent case

In De Havilland Studios Ltd v Peries [2017], the Upper Tribunal (Lands Chamber) (UT) considered whether it was reasonable for a landlord to recover the cost of repairing windows rather than replacing them through service charge. In this case, the UT allowed an appeal by the landlord, who was the freehold owner of a block of flats, against the decision of the First-tier Tribunal (Property Chamber) (FTT), ruling that the landlord could not seek a service charge from two leaseholders for repairing the windows within their flat on the basis that replacing the windows was a more reasonable option than repairing them. In reaching its decision, the UT concluded that the FTT had applied the wrong test when deciding that replacement was the best option and, in doing so, disallowing the costs of repair.

Additional Info

  • Case(s) Referenced:

    De Havilland Studios Ltd v Peries & anor [2017] UKUT 322 (LC)

    London Borough of Havering v MacDonald [2012] UKUT 154 (LC)

    London Borough of Hounslow v Waller [2017] EWCA Civ 45