Landlord And Tenant

1. Repair or replace with new energy-efficient equipment?

Landlords considering whether to repair or replace equipment in a multi-let building may be interested in a recent case, particularly if they are tempted to replace traditional kit with energy-efficient systems.

The case in Triplark Limited v Whale [2024] EWHC 1440 concerned a purpose-built block of 194 flats, built in the 1930s. The dispute between the landlord and the tenants related to the communal heating and hot water system serving all the flats in the building, which is operated by the landlord. There has been previous litigation between the parties, and in this case the landlord had asked the Court to make a declaration to the effect that it is entitled to renew the system by replacing it with something that was not identical but which performed the same service. The key difference between the two systems is that the new one involves the installation of heat exchanger units in each flat which heat