The landlord of a mixed commercial and private housing property, intending to carry out needed repairs, requested advance payment from the tenants to cover the costs. The tenants objected that a large part of the costs would be covered in due course by a third party under a constructor’s warranty.
Held: The landlord’s appeal failed. Whether any sum was reasonably requested from a lessee in advance under section 19(2) of the 1985 Act was not decided by applying any set of rigid rules but was to be assessed in the light of the facts of the particular case.
Judges:
McCombe, Coulson, Nicola Davies LJJ
Citations:
[2019] EWCA Civ 1827, [2019] WLR(D) 594, [2020] 1 WLR 1337, [2020] L and TR 2, [2020] HLR 6
Links:
Statutes:
Landlord and Tenant Act 1985 19(2)
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 01 December 2022; Ref: scu.651065
