The court considered the extent to which the nature of a building affected the duty to repair under a lease.
Sachs LJ said: ‘It seems to me that the correct approach is to look at the particular building, to look at the state which it is in at the date of the lease, to look at the precise terms of the lease, and then come to a conclusion as to whether, on a fair interpretation of those terms in relation that that state, the requisite work can fairly be termed repair. However large the covenant it must not be looked at in vacuo.’
Judges:
Sachs LJ
Citations:
[1970] QB 612
Jurisdiction:
England and Wales
Cited by:
Cited – Elmcroft Developments Ltd v Tankersley-Sawyer CA 1984
The premises were a part of a late Victorian purpose-built mansion block consisting of 27 flats, including seven basement flats. They formed part of a larger terrace of buildings of a similar character and provided high-class accommodation in a . .
Cited – Eyre and others v McCracken CA 10-Mar-2000
The court considered the tenant’s covenant to repair in the context of a need for a damp course: ‘I have regard to the age, (over 150 years) and the design of the building. It has no damp-proof course . . I bear in mind the limited interest of the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 17 May 2022; Ref: scu.235459