This section of our Case Law Library looks at cases related to:
- Meaning of the term ‘historic neglect’
- Assessing whether historic neglect has occurred
Definition of Historic Neglect:
Decision of the Upper Chamber of the Lands Tribunal in relation to a claim by Leaseholders that their Service Charge should be reduced, and that they should receive damages, because a repair was overdue. The Upper Tribunal ruled that an overdue repair only gives legal reason for a reduction in a Service Charge if the repair becomes more expensive because it was delayed. The Upper Tribunal also decided that a Leaseholder cannot make a claim for a breach of a repairing covenant which occurred before they acquired a Lease.