The appellant was a lessee of some premises within a development. They purchased the freehold through a subsidiary but then failed to make repairs. When the other tenants withheld the service charges, the company was liquidated. Another tenant became the unwilling landlord, and the appellant then sued the new landlord for failure to repair. The company appealed dismissal of its claim.
Held: The company was behaving inequitably, and the claim failed.
Judges:
Lords Justice Buxton and Maurice Kay, and Sir Martin Nourse
Citations:
[2004] EWCA Civ 289, Gazette 26-Feb-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Halsall v Brizell ChD 1957
Land in Liverpool was sold in building plots. The vendors retained the roads and sewers and a promenade and sea wall. A separate deed of covenant of 1851 between the vendors and the owners of the plots which had by then been sold, recited that the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 September 2022; Ref: scu.194671