In a recent decision, the County Court concluded the new landlord was responsible for the shortcomings of the former landlord, including that of failure to provide adequate services.

In the recent Brighton County Court case, Panton –v- St Marys Estates Limited, a tenant claimed that furnishings in her property were damaged due to the landlord’s failure to maintain the roof over her flat and subsequently withheld service charges which were payable under the lease.

During the dispute over service charges, the original landlord transferred his ownership to a new landlord. The tenant continued to withhold service charges and claimed damages from the new landlord including for the period prior to the transfer of the property.

The judge decided that when transferring the property, the new landlord assumed responsibility for the tenant’s lease and in addition, the burden of the prior landlord’s obligations. As the new landlord was entitled to recover the unpaid service charges from before the transfer, it was only fair that the tenant could claim for the damages for the same period.

This means that the landlords should be aware, in the absence of any specific clause within the transfer deed, they may be liable for previous contractual breaches.

For further information contact

Mushtaq Khan

Tel: 0845 404 2548

e-mail: mushtaq.khan@cobbetts.co.uk