The client sought advice in proceedings before the First-tier Tribunal under section 168(4) of the Commonhold and Leasehold Reform Act 2002. The Applicant alleged that the Respondent, leaseholder of 301a Portobello Road, breached repairing and indemnity covenants by failing to maintain rooftop pipework and drainage systems, causing water damage to the commercial premises below. The lease included obligations to repair, renew, and indemnify the landlord. The Applicant relied on expert evidence from Mr Sullivan MRICS and witness testimony from Mr Mason of Orbit Property Management. The Respondent served late witness evidence and legal submissions five days before trial, which the Applicant challenged as procedurally unfair. The matter had previously been stayed twice for settlement discussions.
The dispute centred on whether the Respondent failed to maintain copper pipework and drainage systems within her demise, leading to water ingress and damage. The Applicant argued the leak stemmed from uninsulated rooftop pipework and an overwhelmed hopper, supported by contemporaneous reporting and expert findings. The Respondent denied liability, citing conflicting causes including brickwork, the green roof, and a neighbouring property. Her witness statement claimed the water supply was restored only after advice from emergency plumbers and challenged the Applicant’s narrative and expert evidence. The Applicant relied on lease provisions to recover remedial costs and interest.
Advice focused on the strength of the Applicant’s position, supported by consistent documentation and expert analysis. The client was guided on challenging the admissibility of late evidence and reinforcing the claim through lease obligations and factual chronology. Emphasis was placed on rebutting speculative defences and maintaining focus on the core issue of disrepair. Strategic support was provided in preparation for the Tribunal hearing.
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