- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 06 Apr 2017
The London Borough of Hounslow v Waaler
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.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
How to ensure UK transport infrastructure copes with severe winter weather.
Location shortlist for controversial new footbridge revealed.
Under the Party Wall Act a property owner has the legal right to do works that might otherwise constitute trespass or nuisance.
BSRIA examine the 'unpredictable' 2018 global air conditioning market.
ICE publish new report calling for new sector-wide body to help avert structural failures.
The rainbow JCB will be making a welcome return to the London Build Expo on 23 and 24 October at Olympia.
An introductory article to external works - all activities carried out to the external environment of a building project.
With the clock ticking, RIBA say that a 'no deal Brexit' will be "disastrous" for the architecture profession.
The focus is generally on the lime binder, but the aggregate is actually the most significant element.
The importance of communication, collaboration and simplicity when planning construction projects.