This was another “historic neglect” case. The tenants alleged that the scope of the works had been increased by the landlord’s failure to maintain the building in the past.
The LVT accepted that there were cirumstances where the tenants could show that the costs of works of repair had been increased by the landlord’s failure to maintain a building. However, the burden is on the tenant to show that this is so and so show that the amount of the costs has actually increased. In this case the tenants had failed to show that the scope of the works or their eventual costs had been increased because of neglect and, so, the claim failed.
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