Philomina Louisa Reynard Tann v Suni Bhundia & Ors

Decision date: 20 October 2022

Neutral citation: [2022] UKUT 268 (LC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This appeal concerned which party must repair a cracked concrete slab forming the balcony/extension roof between two maisonettes (187 and 187A) and whether the freeholder must bear the cost via the service charge. The Upper Tribunal held that, absent an express reservation, the demises included external walls and the horizontal structural slab, that the freeholder was not obliged to repair it, and that the slab belongs with the lower maisonette (187) so 187 must repair while 187A must contribute 50%. The FTT decision was set aside and substituted accordingly; the procedural fairness complaint about a temporary video disconnection failed.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

The tribunal treated the leases as demising external walls and the horizontal structural element to the lessees where there is no express reservation to the lessor; and it read the lessor’s covenant to repair as limited to items that “belong to” or are “used or capable of being used” by the lessor with the lessees, so that structural elements demised to a lessee fall outside the lessor’s repair obligation. Applied to the facts, the slab belonged with the lower flat and the upstairs flat must contribute to repair costs.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The tribunal observed that a medial horizontal split of structural elements between lessees would be impractical and unlikely to reflect the parties’ intention. It also commented that tribunals should pause hearings and take reasonable steps to enable reconnection when a remote party disconnects, though a brief loss of video here did not render the hearing unfair.

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Chunk contains substantial duplication of text from the judgment.

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