Maintain it or Explain it: Craigard (Dartford) v Westbury Homes
Today we are unpacking a cautionary tale about the risks of a "run-to-fail" approach to leased property. In Craigard (Dartford) Ltd & Anor v Westbury Homes (Holdings) Ltd ([2026] EWHC 2453 (TCC), the High Court considered a dilapidations dispute involving an ageing HVAC system that relied on R22 refrigerant, a substance that can no longer legally be used to recharge existing systems.
The tenant had adopted a deliberate "run-to-fail" strategy from 2011 onwards, carrying out very limited maintenance and spending just £400 on filters and belts shortly before the lease came to an end.
In this Newsflash episode, hosts Richard and Lizzie examine what happens when essential building services are allowed to deteriorate, how the courts approach dilapidations claims involving obsolete equipment, and the lessons for landlords and tenants managing ageing buildings in this day and age.
Relevant cases:
Ultraworth Ltd v General Accident Fire & Life Assurance Corp Plc [2000]
Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd [2013]
Culworth Estates Ltd v Society of Licensed Victuallers (1991)
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