London Borough of Southwark v Baharier  UKUT 73 (LC) - Rayan Imam acted for the Respondent in appeal to the Upper Tribunal
The Landlord sought to recover £24,486.88 from the Tenant as her contribution towards the cost of replacing the central heating and hot water system.
The Tenant was successful in persuading the FTT that that she was not liable to pay the service charge on the basis that the works carried out amounted to an improvement, not a repair.
On appeal, the Landlord successfully argued that the lease contained a covenant to provide services (heating and hot water), to which the distinction between repair and improvement was irrelevant. Accordingly, the UT allowed the appeal and found that the costs were recoverable.
Rayan acted for the Respondent in this appeal to the Upper Tribunal, led by Justin Bates.