I would tend to agree with this:
‘My starting position is that, I would expect, where the damage is not done maliciously or the tenant does not have capacity, we would expect the landlord to fund these repairs through the rent, and that HB would be able to cover this. Essentially the higher responsive repair charges already in place are in recognition of the client group being more likely to cause damage and needing it fixed in a timely manner’.
And then the landlord has the option to review the responsive repair charge for the following year, if the charge levied in the current year does not cover the costs incurred.
Isn’t it as simple as that?
Sorry, I am not aware of any caselaw out there. That doesn’t mean it doesn’t exist though.
