The defendant tenant compny and its directors appealed against a finding that it was liable to the landlord of premises of which it had been tenant in respect of repairs to te walls of the property after removal of tenant’s fixtures and fittings installed by previous tenants and which had pierced the walls.
Held: The appeal failed. If tenant’s fixtures are removed and leave the premises in a damaged condition, then the tenant must restore the premises to a reasonable condition and make good the damage. A failure to do so is waste, actionable in tort.
Kerr, Dillon, Waller LJJ
[1985] EWCA Civ 2, [1986] 1 QB 1212, [1986] 1 EGLR 240, [1986] 2 WLR 871, [1986] BCC 98, [1986] 1 All ER 449, [1986] 1 FTLR 393, [1986] BCLC 196
Bailii
England and Wales
Landlord and Tenant
Leading Case
Updated: 11 November 2021; Ref: scu.245284