The question was whether plate glass windows which formed part of the wall of a warehouse were landlord’s fixtures within the meaning of a repairing covenant. Atkin LJ answered: ‘. . I am quite satisfied that they are not landlord’s fixtures, and for the simple reason that they are not fixtures at all in the sense in which that term is generally understood. A fixture, as that term is used in connection with the house, means something which has been affixed to the freehold as accessory to the house. It does not include things which were made part of the house itself in the course of its construction.’
Scrutton LJ confessed that he had ‘always had a difficulty in understanding what is meant by ‘landlord’s fixtures’.’
Atkin LJ , Scrutton LJ
[1925] 1 KB 119, [1924] All ER 298
England and Wales
Cited by:
Cited – Elitestone Ltd v Morris and Another HL 1-May-1997
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977.
Held: The tenants’ . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 December 2021; Ref: scu.240404
