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Dehavilland Studios Ltd v. Peries [2017] UKUT 322 (LC): FTT Decision on Defective Windows..Repair or Replace?

All parties agreed that windows in the subject property were defective. The Landlord contended that repairs would suffice whilst the leaseholder suggested replacement was necessary.
The FTT determined that both were repair or replacement would be reasonable and whilst it preferred replacement it did not interfere with the landlord’s decision to repair having regard to all the evidence they heard.
The UT agreed that the FTT decision would stand. The FTT was entitled to find that repairing rather than replacement was a reasonable decision notwithstanding the fact that in its view replacement would have been better.

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