Disrepair issues are a common and significant concern in landlord and tenant relationships. Water leakage and the presence of mould are among the most common disrepair issues complained about by tenants. Meanwhile, disputes concerning property condition, defects, and repair obligations can quickly escalate and lead to litigation. Repair obligations are therefore important to take into consideration.
To landlords and tenants, it is important to consider whether a particular issue constitutes disrepair and whether the landlord’s obligations under a repairing covenant apply.
Better Intelligent Management Ltd and Another v Zaid Alothman Holding
One recent judgment of appeal that sheds light on this issue is Better Intelligent Management Ltd and Another v Zaid Alothman Holding [2025] EWHC 392 (Ch). The dispute centred around liability for disrepair to the windows in the blocks and whether the lessor or lessee was responsible for the related repairs. The problems identified include the excessive salt staining to the elevations, water ingress in and around the windows and failed glazed units.
The legal principles referred to by the court among other things are:
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- Where there was no identifiable disrepair, a landlord would not be liable for the damage caused by condensation arising from a design defect; and
- Where building defects had existed since construction, and there had been no damage or deterioration in the condition of the building, a repairing covenant did not require the defect to be eradicated, however the original defect arose.
By following the principles above, if the issue is caused by design or installation defects, it is not disrepair. However, in the judgment, the court considered that the trial judge erred in focusing on the condensation as the subject matter of the disrepair rather than the window seals and units as the problems might be due to the progressive seal failure not necessarily the design or installation issue. It was held that the matter was remitted to the judge for further findings on the nature and cause of the defects.
Final thoughts
In conclusion, landlords and tenants should carefully assess the specific terms of their leases and the condition of the property to understand their respective rights and obligations when it comes to disrepair issues.
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