Landmark High Court Appeal decision: Why this property litigation case matters

Landlord and tenant disputes are often legally and factually complicated. A specialist lawyer understands:

• The obligations which a lease places on both the landlord and the tenant.
• The nuances of legislation and case law relating to service charges and the concept of ‘repair/disrepair’.
• How to instruct expert witnesses and interpreting expert evidence given by the opposing party.

Without this expertise, various things can go wrong including:

• One-sided or incomplete expert evidence may be accepted by the Court.
• Missed procedural steps may result in the loss of the proceedings or costs sanctions.
• Failure to identify relevant precedent cases may result in the Court reaching an incorrect decision.

Of crucial importance in this case was Mr Justice Rajah’s finding that the trial Judge’s findings had been consistent with the deterioration of the windows being progressive in nature.

This landmark case demonstrates that expert legal advice must be sought when entering into a commercial property agreement, when understanding the nuances of any property agreement and also to guide parties through the due legal process should a commercial property dispute ever arise.