Better Intelligent Management Ltd & Anor v Zaid Alothman Holding Ltd & Ors [2026] EWHC 371 (Ch) (06 February 2026)

Better Intelligent Management Ltd & Anor v Zaid Alothman Holding Ltd & Ors [2026] EWHC 371 (Ch) (06 February 2026)

The progressive failure of the window seals and glazed units, resulting in the loss of inert gas and condensation between panes, constitutes physical deterioration and therefore disrepair under the repairing covenant, regardless of whether the underlying defect was present at installation.

Citation
[2026] EWHC 371 (Ch)
Parties
Appellant/defendant: Better Intelligent Management Limited; Appellant/defendant: Phoenix Place (Liverpool) Management; Respondent/claimant: Zaid Alothman Holding Limited & Ors
Jurisdiction
England and Wales
Judgment Date
06 February 2026
Procedural Posture
Chancery Appeal / Appeal From Remitted Issue After First Appeal
Outcome
Appeal allowed; judgment set aside; finding of disrepair substituted.
Legal Topics
Repairing Covenants, Disrepair, Construction and Installation Defects, Lease Interpretation
Landlord and Tenant Property Law Repairing Covenants Disrepair Construction and Installation Defects Lease Interpretation

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Parties

Better Intelligent Management Limited

Appellant/defendant

Phoenix Place (Liverpool) Management

Appellant/defendant

Zaid Alothman Holding Limited & Ors

Respondent/claimant

Procedural Posture

Chancery Appeal / Appeal From Remitted Issue After First Appeal

Legal Issues

  1. 1 Whether the progressive failure of window seals and glazed units constitutes disrepair under the lease
  2. 2 Whether physical deterioration or loss of amenity amounts to disrepair
  3. 3 Whether installation or design defects resulting in later physical deterioration are actionable under repairing covenants

Ratio Decidendi

The progressive failure of the window seals and glazed units, resulting in the loss of inert gas and condensation between panes, constitutes physical deterioration and therefore disrepair under the repairing covenant, regardless of whether the underlying defect was present at installation.

Court Disposition

Appeal allowed; judgment set aside; finding of disrepair substituted.

Orders

  • Parties to consider consequential orders and submit an agreed order or relist for further directions.