Written by Jennifer Whitwam
In the case of Triplark Limited -v- Philip John Wale and Others [2024] EWHC 1440 (Ch) (12 June 2024), the High Court considered a landlord’s request for declarations that it was entitled to renew a communal heating and hot water system by replacing the equipment. The new system changed the distribution system from a communal boiler to one where heat exchanger units (IHUs) were installed to each flat.
The landlord sort declarations that:
- they were entitled to renew, by replacement, the hot water and/or central heating systems where the replacement was not identical, but provided the service the landlord have covenanted to provide in the lease.
- they were entitled to disconnect the hot water or heating apparatus in any flat from a communal hot water system or heating system and reconnect that apparatus to the replacement communal system, if in the landlord’s absolute discretion that work was necessary or advisable for the proper maintenance and administration of the building.
- the repairing obligation in each lease, which referred to “central heating apparatus, walls, ceilings, drainpipes, wires and cables solely applicable to the flat and all fixtures and additions thereto”, extended to new and different apparatus for the delivery of heating and hot water, focussing on the use of “additions”.
In response the tenants claimed that the new system would substantially increase their repairing obligations, as they would be responsible for maintaining new equipment that was not contemplated when the Lease was granted.
The Court rejected the Landlord’s argument, and held that the repairing covenant should be interpreted in line with what was contemplated by the Parties when entering into the Lease. Introducing the new apparatus changed the way the Lease operated, and the new system entailed two heating devices whereas the grant of the Lease was only for one.
This case reminds us of the importance of considering the future changes that may be required, in the context of longer leasehold interest.
We would advise any landlords contemplating repairs or works that involve changes to the repairing obligations in the Lease, and or additions to the apparatus that is required, contact Paul Robinson Solicitors so that we can advise you on possible ‘push back’ from tenants and the Court’s likely attitude were it becomes necessary for the Landlord to litigate the issue.
If you want to know more or want to speak to a member of our Dispute Resolution team, please get in touch below or call us on 01702 338338.
