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Repair or Improvement

Re: Repair or Improvement

Postby dls » Sun Oct 30, 2016 4:04 pm

It should also be said that current legislation would impose an obligation on landlord to bring a property up to a standard where it is not damp (Landlord and Tenant Act 1980(?) section 11
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Re: Repair or Improvement

Postby optimist22 » Sun Oct 30, 2016 5:26 pm

Thank you that advice is invaluable. I'm grateful to you for taking the time and trouble to make the post.
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Re: Repair or Improvement

Postby theycantdothat » Tue Nov 01, 2016 10:54 am

Starting again:

Repair/maintenance is work carried out to put a property back into its original condition or work carried out to prevent property deteriorating. The work has to be done or is done to prevent more work being done later.

Improvement is work carried out which provides something new and desirable and not required to prevent property deteriorating. It is work that does not need to be done.
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Re: Repair or Improvement

Postby theycantdothat » Tue Nov 01, 2016 11:09 am

In the context of long residential leases what can be recovered under the service charge depends on the terms of the lease. In a well-drafted lease there will be a correlation between the landlord's obligations and the service charge provisions so that it is clear what expenses can be recharged to the tenants. If the lease requires the landlord to comply with the local authority's lawful requirements in respect of the building and the service charge provisions allow the cost to be recovered, there is no need to enquire if the work is an improvement.
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Re: Repair or Improvement

Postby optimist22 » Tue Nov 01, 2016 5:19 pm

Thanks again. Your posts are very clear. It seems to me that things need to be judged in particular circumstances and there is no universal yes or no.
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Re: Repair or Improvement

Postby theycantdothat » Tue Nov 01, 2016 5:33 pm

optimist22 wrote:Thanks again. Your posts are very clear. It seems to me that things need to be judged in particular circumstances and there is no universal yes or no.


Quite. The question is not so much whether any work is an improvement, but whether the lease allows the landlord to recover the cost of doing it.
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