Cases - Miss C Waaler v The London Borough of Hounslow

Record details

Name
Miss C Waaler v The London Borough of Hounslow
Date
[2015]
Citation
UKUT 0017 (LC)
Legislation
Keywords
Service charges – Landlord and Tenant Act 1985, section 19 – repairs and improvements – major works
Summary

The appellant long lessee appealed the decision of the LVT that found that she was liable for services charges in the sum of £55,195.95. The sum claimed was in respect of major works carried out by the local authority to the estate in which the appellant’s property was situated. A key issue in dispute was whether the cost of replacement windows and associated recladding had been reasonably incurred.

In allowing the appeal in part, the Tribunal held that the respondent had a duty to carry out repairs and a discretion as to whether it carried out improvements. Furthermore, the respondent was entitled to seek the cost of both through the service charge.

Where works of repair were required and there was a reciprocal obligation on the part of the leaseholder to contribute to the cost of repair, then a lessee’s means were usually irrelevant to the issue of whether costs are reasonably incurred.

In relation to improvement works, however, the financial impact on leaseholders was relevant. Improvement, meant works that went beyond what was required to effect a repair. Where the cost of a scheme of works was high and the result was a building or part of a building which was wholly different than the subject of the original demise, then in deciding whether to proceed, a landlord had to consider the following matters before proceeding:

  1. the availability of alternative and less expensive remedy; and
  2. the views and the financial means of the lessees who would be required to pay for those works.