Sheffield City Council v Oliver [electronic resource]
Language: English Publication details: 2008Subject(s):- HOUSING ACT 1985
- IBRAHIM V DOVECORN REVERSIONS LTD
- IRVINE V MORGAN
- LANDLORD AND TENANT ACT 1985
- MARLBOROUGH PARK SERVICES LTD V ROWE AND ANOTHER
- PEARLMAN V HARROW SCHOOL
- QUICK V TAFF ELY BC
- SHEFFIELD CITY COUNCIL V OLIVER
- BALL V PLUMMER
- BOSWELL V CRUCIBLE STEEL CO
- England and Wales -- 1543-
- PROPERTY-LANDLORD AND TENANT-SERVICE CHARGES
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 145337-1001 |
LRX/146/2007 18 August 2008. External windows on a dwelling house were part of its structure for the purpose of the Housing Act 1985 and a landlord was therefore entitled to charge a tenant for their replacement as part of the service charge. Appellant local authority landlord (S) appealed against a tribunal's decision that it had no obligation to replace exterior windows of a property leased by the respondent (O) and that the costs of the hearing could not be considered when determining the service charge payable. O was informed that S planned to carry out the replacement works and challenged the plans under the Landlord and Tenant Act 1985 S27A as to their reasonableness. The tribunal found that the windows were not part of the exterior or structure and that S had no duty to replace them and that the costs should be reduced and the hearing costs were not to be counted as relevant. S held that the lease and implied covenants left it with a duty to repair the windows. Held: appeal allowed in part. The tribunal should have classed the windows as part of the external structure of the building and by relying on the improvement covenant in the lease S was eligible to add the costs of repair to the service charge. It had, however, provided a quote that was less than reasonable and so it was right that the increase to the service charge was reduced by a reasonable amount.