Waaler v The London Borough Of Hounslow

LANDLORD AND TENANT � service charge � major works � repairs and improvements � application of section 19 of the Landlord and Tenant Act 1985 to improvements � relevance of financial impact of service charge costs on leaseholders � appeal allowed in part.

Permission to appeal is GRANTED on the Respondent�s request dated 26 th February 2015.

Permission to appeal is REFUSED on the Appellant�s request dated 27 th February 2015.

By an application made on 26 th February 2015, permission to appeal to the Court of Appeal from the decision of the Upper Tribunal (Lands Chamber) dated 26 th January 2015, was sought on behalf of the London Borough of Hounslow (the Respondents).

The Respondents� appeal relates to the question of the correct approach to the application of the test contained in section 19 of the Landlord and Tenant Act 1985. Section 19 limits the payability of service charge costs by reference to the question of whether those costs have been reasonably incurred and where they are incurred on the provision of service or the carrying out of works, only if the service or works are of a reasonable standard.