- Residential service charge—repair and improvement—same legal test, different considerations (London Borough of Hounslow v Waaler)
- Original news
- What are the practical implications of this case?
- What was the issue involved?
- What was the UT’s reasoning?
- What did the Court of Appeal decide?
- What was the Court of Appeal's reasoning?
- Discretionary decisions—rationality test
- Interaction of rationality test with section 19
- ‘Reasonably incurred’—process or outcome?
- Same legal test—different considerations
- To what extent is the judgment helpful?
- Case details
Property analysis: The Court of Appeal confirmed that while the same legal test, as to whether service charge was reasonably incurred under the statutory scheme for residential service charge, applied to repairs and improvements, different considerations applied. There was a difference between works which the landlord was obliged to carry out on the one hand and work which was an optional improvement on the other.
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