000 02407cam a22003135a 4500
001 L145337
008 080930e20080818xxk f v 000 0 eng d
035 _a(Sirsi) u145337
041 0 _aeng
245 0 0 _aSheffield City Council v Oliver
_h[electronic resource]
260 _c2008
520 _aLRX/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.
521 _aAdvanced
590 _aKA
650 2 4 _aHOUSING ACT 1985
650 2 4 _aIBRAHIM V DOVECORN REVERSIONS LTD
650 2 4 _aIRVINE V MORGAN
650 2 4 _aLANDLORD AND TENANT ACT 1985
650 2 4 _aMARLBOROUGH PARK SERVICES LTD V ROWE AND ANOTHER
650 2 4 _aPEARLMAN V HARROW SCHOOL
650 2 4 _aQUICK V TAFF ELY BC
650 2 4 _aSHEFFIELD CITY COUNCIL V OLIVER
650 2 4 _aBALL V PLUMMER
650 2 4 _aBOSWELL V CRUCIBLE STEEL CO
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-LANDLORD AND TENANT-SERVICE CHARGES
856 4 0 _uhttps://www.landstribunal.gov.uk/Aspx/view.aspx?id=542
_zView the item free of charge online at www.landstribunal.gov.uk...
942 _n0
999 _c108763
_d108763