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Service charges – windows – repairs versus improvements – reasonableness

Commercial Leases

Service charges – windows – repairs versus improvements – reasonableness

London Borough of Hounslow v Waaler [2017] EWCA Civ 45

In this case the Court of Appeal took opportunity to review the oft vexed issue of window replacement – a repair or an improvement – and the reasonableness of a landlord’s decision to incur the cost and the scope of works in the context of s19(1)(a) Landlord and Tenant Act 1985. Although primarily a residential case, it applies to all mixed-use schemes with a commercial element.

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