LB Southwark v Baharier [2019] UKUT 73 (LC)

Residential property

Justin Bates led for the respondent leaseholder in this appeal to the Upper Tribunal. The local authority had sought to recover around £24,000 from the respondent leaseholder as her contribution to a major overhaul of the heating system in her block of flats. The FTT held that the costs were not recoverable because the works went beyond what was permitted or required under the lease. The Upper Tribunal allowed an appeal. The FTT had erred by treating the issue as one of repair/improvement. The landlord had an obligation to provide heating and hot water to the flat. The works were in discharge of that obligation and the costs were therefore recoverable. Click the following links for press coverage: Buzzfeed and Metro.

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