Frogour Limited v Farsi and Lenjawi (First Tier Tribunal Property Chamber – Residential Property) LON/00BK/LBC/2021/0009, 2021 concerned a high-value residential block overlooking Regents Park. Both the landlord and tenant claimed not to have obligations to maintain and replace the building’s roof. The landlord argued that the terms of the tenant’s rights to use the roof as a terrace meant that the tenant assumed all repairing obligations. The tenant argued its rights were over the ‘surface’ of the roof and therefore the obligation to maintain and replace fell to the landlord. First Tier Property Tribunal found that the landlord was responsible for maintaining and replacing (when necessary) the roof. Andrew Tugwell acted for the tenant.
Disputes can arise where rights overlap so careful drafting is needed to avoid misunderstanding and disputes. Each case will turn on its facts, but the mechanism for dividing obligations including repairs/maintenance needs to be thought through, clear and capable of implementation.