BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and another: CA 30 Nov 2001

The claimant granted a lease to the respondents, and then assigned the reversion to another company. It gave notice to the tenant of its desire to be released from its obligations as landlord. The tenant did not serve any counter-notice. Defects occurred for which the landlord would be liable. The agreement for lease provided that the obligations were personal to the landlord and not capable of assignment. The question at issue was whether such a collateral agreement was covered by the 1995 Act. The definition in the Act referred to the landlord for the time being. That could not include obligations which were personal to the landlord, and so the landlord was not released by the assignment and notice.
In an agreement, the prospective landlord undertook to complete repairs. After the lease had been executed, the reversion was transferred, and he sought to use the Act to obtain its release from the obligation. The tenant took no steps to counter the notice.
Held: The covenant was a personal one, and therefore not given in his capacity as landlord ‘from time to time.’ Accordingly the Act could not be used to evade responsibility.

Judges:

Mr Justice Judge and Mr Justice Jonathan Parker and Mr Justice Bodey

Citations:

Gazette 01-Feb-2002, Times 21-Feb-2002, [2002] 2 WLR 672, [2002] 1 All ER 821, Independent 06-Dec-2001, [2001] EWCA Civ 1797, [2002] Ch 194

Links:

Bailii

Statutes:

Landlord and Tenant (Covenants) Act 1995 3 8 28

Jurisdiction:

England and Wales

Citing:

Appeal fromBHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and Another ChD 27-Feb-2001
An office buidling had a toughened glass cladding. When a cladding plate slipped and fell, the local authority issed a dangerous structures notice. The landlord served a notice to use the Act to divest himself of responsibility for repairs.

Cited by:

Appealed toBHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and Another ChD 27-Feb-2001
An office buidling had a toughened glass cladding. When a cladding plate slipped and fell, the local authority issed a dangerous structures notice. The landlord served a notice to use the Act to divest himself of responsibility for repairs.
CitedAvonridge Property Co Ltd v Mashru and others CA 14-Oct-2004
The lease released the landlord from his liability to repair after his assignment of the reversion. It appealed a finding that the provision was void under the 1995 Act, saying the clause was a personal covenant not caught by the Act.
Held: . .
CitedLondon Diocesan Fund and others v Avonridge Property Company Ltd and Phithwa HL 1-Dec-2005
The defendant had taken on a lease of a parade of shops, and sub-let each shop for a full premium at a nominal rent. It sought to limit its own liability to pay the head rent by limiting the covenant in the sub-leases to pay the head rent to the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract

Updated: 29 June 2022; Ref: scu.167555