Q&As

A landlord constructs additional apartments in the airspace above an existing block of apartments. Since the construction work there have been issues of water ingress into flats below. Can the landlord recover the costs of repairing the roof through the service charge if the cause of the water ingress is their own construction work?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on: 14 September 2020
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It will depend on the terms of the flat leases as to whether the landlord can the recover the cost of such repair through the service charge.

However, given that the water ingress has been caused by the negligent construction work by the landlord, there may be scope for the tenants to argue that the Costs are not reasonably incurred within the meaning of section 19 of the Landlord and Tenant Act 1985. Alternatively, it may be that the lessees would have a claim in nuisance against the landlord

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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