The London Borough of Hounslow v Waaler - Revision history

Editor at 09:46, 21 December 2021

2021-12-21T09:46:38Z

← Older revision		Revision as of 09:46, 21 December 2021
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	--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]		--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]

−	~~= Find out more =~~	+	= Related articles on Designing Buildings =
−		+
−	=== Related articles on Designing Buildings ~~Wiki ==~~=	+

	* Business rates and 'reasonable repair'.		* Business rates and 'reasonable repair'.
	* Leasehold covenants.		* Leasehold covenants.
		+	* Licence for Alterations for Apartment.
	* Licence to alter.		* Licence to alter.
	* Property disrepair and landlord liabilities.		* Property disrepair and landlord liabilities.

	[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:Case_law]] [[Category:Property_law]]		[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:Case_law]] [[Category:Property_law]]

Designing Buildings at 13:10, 2 January 2021

2021-01-02T13:10:20Z

← Older revision		Revision as of 13:10, 2 January 2021
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	* Property disrepair and landlord liabilities.		* Property disrepair and landlord liabilities.

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:Property_law]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:Case_law]] [[Category:Property_law]]

Designing Buildings: moved Repairs and optional improvements to The London Borough of Hounslow v Waaler

2017-04-06T07:10:30Z

moved Repairs and optional improvements to The London Borough of Hounslow v Waaler

← Older revision

Revision as of 07:10, 6 April 2017

Editor: Created page with "In a 2017 ruling that will be required reading for landlords and tenants, the Court of Appeal has given authoritative guidance on the distinction between ‘repairs’ and ‘opt..."

2017-04-05T15:02:51Z

Created page with "In a 2017 ruling that will be required reading for landlords and tenants, the Court of Appeal has given authoritative guidance on the distinction between ‘repairs’ and ‘opt..."

New page

In a 2017 ruling that will be required reading for landlords and tenants, the Court of Appeal has given authoritative guidance on the distinction between ‘repairs’ and ‘optional improvements’. The decision means that tenants’ views will in future be far more influential when it comes to paying for the costs of the latter.

The case of The London Borough of Hounslow v Waaler (2017) concerned a 1960s-built housing estate with 850 residents, many of whom had bought long leases on their homes under the ‘Right to Buy’ scheme.

The local authority that owned the freehold had commissioned an £8.3 million refurbishment of the estate and one of the tenants had received a service charge demand exceeding £55,000, representing her contribution to that cost.

After she challenged the demand, the Upper Tribunal (UT) ruled that replacement of windows and cladding were improvements, rather than repairs, and that only part of the sums claimed by the council for those works was recoverable from tenants.

Although the lease conferred a right on the council to make improvements, the UT found that it should have taken particular account of tenants’ views on the proposed works and the financial impact upon them of proceeding.

In dismissing the council’s challenge to that decision, the Court noted that, under the lease, the council was bound to make repairs, but that spending on improvements was discretionary. It made sense that, when it came to improvements, the council was obliged to take greater account of tenants’ opinions and any financial hardship that they might suffer.

The Court noted that tenants of a luxury block of flats in Central London might find it easier to cope with bills exceeding £50,000 than those living on a former council estate in a relatively deprived area.

--[[User:Rex_Cowell_Solicitors|Rex Cowell Solicitors]]

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Business rates and 'reasonable repair'.
* Leasehold covenants.
* Licence to alter.
* Property disrepair and landlord liabilities.

[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Property_law]]