![]() ![]() The building was an old office building on basement, ground and four upper floors built in circa 1925.the likelihood of similar disrepair arising in other parts of the building if remedial work is not undertaken, and how soon such further disrepair is likely to ariseįor example, using the case of Plough Investment Limited Vs Manchester City Council (1989) I EGLR 244 the various circumstances include.the impact of the works on the use and enjoyment of the building by the occupants.the comparative cost of alternative remedial works.the likelihood of a recurrence if one remedy rather than another is adopted. ![]() the effect of the works on such value and life span.the value of the building and its expected life span.at who’s expense the proposed remedial works are to be done.the nature, extent and cost of the proposed remedial works.the nature and extent of the defects sought to be remedied.the state of building at the date of the lease.These are identified by Lord Justice Nicholls in the case of Holding and Management Limited Vs Property Holding and Investment Trust plc and Others (1990) 50 EG 75, and includes some or all of the following. In the context of service charge recovery the proposed remedial works must also be considered in light of a number of different circumstances. Disrepair denotes the idea of making good damage so as to leave the subject, so far as possible, as though it had not been damaged. ![]() The overall concept has been established that in order for there to be disrepair, there must be deterioration from the building’s previous condition. However the question of what actually constitutes disrepair has been the subject of many court cases mainly in the context of Dilapidations. The covenants in the Tenant’s Lease set out the Landlord’s specific repairing obligations. The aim of this artcle is to establish what principles govern the term repair, whether a landlord can claim for improvements, and what can be learnt from case history. One of the most important aspects of maintaining a landlord’s investment in a property, is to ensure that it is kept in repair, and more fundamentally, that the costs incurred are paid by the tenants. ![]()
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