Better Intelligent Management Limited & Anor v Zaid Alothman Holding Limited & Ors

Better Intelligent Management Limited & Anor v Zaid Alothman Holding Limited & Ors

Progressive failure of window seals and glazed units, evidenced by increasing failed units and loss of inert gas, constitutes physical deterioration and disrepair under the lease covenants, regardless of whether the defect was latent at installation.

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
24 February 2026
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; previous judgment set aside.
Legal Topics
Repairing Covenants, Disrepair, Lease Interpretation, Latent Defects, Installation Defects
Property Law Landlord and Tenant Repairing Covenants Disrepair Lease Interpretation Latent Defects Installation Defects

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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

Appeal / Judgment

Legal Issues

  1. 1 Whether progressive failure of window seals and glazed units constitutes disrepair under lease covenants
  2. 2 Whether defects present at installation but manifesting later amount to physical damage and disrepair
  3. 3 Whether condensation and loss of gas in glazed units is disrepair or mere loss of amenity

Ratio Decidendi

Progressive failure of window seals and glazed units, evidenced by increasing failed units and loss of inert gas, constitutes physical deterioration and disrepair under the lease covenants, regardless of whether the defect was latent at installation.

Court Disposition

Appeal allowed; previous judgment set aside.

Orders

  • Window seals and glazed units are in disrepair under the lease covenants.
  • Parties to submit agreed order or relist hearing for consequential orders.