Cases - London Borough Of Southwark v Baharier

Record details

Name

London Borough Of Southwark v Baharier

Date

[2019]

Citation

UKUT 73 (LC)

Keywords

Dilapidations

Summary

In this residential case, the landlord had covenanted to provide a number of services to its tenants, including the provision of heating and hot water. Costs incurred in doing so were to be paid by the tenants. As the system was old and could no longer provide a reasonable level of heating, the landlord decided to replace the system, claiming back the £800,000 expenditure from the tenants.

The Upper Tribunal overturned a previous decision that the works constituted an improvement rather than just a repair, distinguishing between covenants to repair and provide services. It was the service that was to be maintained – and not the installations by which the service was provided. Here, the landlord had to take whatever steps were required to provide heating and hot water even though – quoting Dowding and Reynolds – 'it goes beyond what would ordinarily be called repair'. The distinction between repairs and improvements was irrelevant so the tenants were liable to contribute to the cost of the improvements.