Landlord and Tenant : Service Charge – Repair or Replacement – Windows in large block of flats defective. Cost of replacement significantly more than cost of repair – Experts agreed that replacement was the best solution but not ruling out repair as unreasonable even though windows nearing end of life and repair would not cure all problems. One tenant objected to service charge in respect of anticipated costs on the ground that windows should be replaced and repaired. Ft-T held that replacement was best option and disallowed costs of repair. Appeal allowed. Decision to repair was a reasonable even if not (in the Ft-T’s opinion) the best option. The Ft-T had applied the wrong test.
Citations:
[2017] UKUT 322 (LC)
Links:
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 29 March 2022; Ref: scu.593592