Barnes v City of London Real Property Co Ltd: 1918

The landlord defendants had let various sets of rooms imposing on the tenants an obligation to pay a stated additional rent specifically for the cleaning of rooms by a house-keeper to be provided for the purpose. The agreements placed no express obligation on the landlords to provide for the cleaning of the rooms.
Held: The obligation of the tenants to pay the rent for the particular service was an unqualified obligation to pay a definite periodic amount in respect of that service, the obligation to pay not being expressed so as to be conditional on the provision of the service or on the service of notice requesting payment. (Obiter) Such an obligation should be implied.


Sargant J


[1918] 2 Ch 18


England and Wales

Cited by:

DistinguishedTennant Radiant Heat Ltd v Warrington Development Corporation 1988
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that . .
CitedWestminster (Duke of) and others v Guild CA 30-Mar-1983
The landlord brought an action for non-payment of rent. The tenant sought to set off a failure by the landlord to repair the building of which his flat was part and which failure had caused him loss. The landlord said that it had no express duty to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 13 May 2022; Ref: scu.194601