The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs.
Held: The appeal succeeded. There was no obvious pattern in the various service charge provisions to allow the conclusion drawn by the judge, and the amendment would require the tenant to pay for the costs of works which would not be to her benefit: ‘I am quite unable to say that in using the word ‘premises’ rather than ‘house’ the parties have made a clear mistake. Nor do I accept that the clause in its present form is commercially nonsensical. ‘
Judges:
Laws, Lloyd, Jackson LJJ
Citations:
[2012] EWCA Civ 1503
Links:
Statutes:
Landlord and Tenant Act 1987 35, Leasehold Reform, Housing and Urban Development Act 1993 57
Jurisdiction:
England and Wales
Citing:
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – East v Pantiles Plant Hire Ltd CA 1981
The court considered the circumstances under which rectification could properly be ordered in respect of a deed. Brightman LJ said: ‘It is clear on the authorities that a mistake in a written instrument can, in certain limited circumstances, be . .
Cited – Billson v Tristem ChD 1999
. .
Cited – KPMG Llp v Network Rail Infrastructure Ltd CA 27-Apr-2007
The parties disputed the interpretation of a break clause in their lease. Carnwath LJ said that courts should not readily accept that parties have made mistakes in formal documents: ‘correction of mistakes by construction’ is not a separate branch . .
Cited – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
Cited – City Alliance Ltd v Oxford Forecasting Services Ltd CA 16-Nov-2000
The parties disputed the construction of a clause in the contract between them.
Held: Chadwick LJ said: ‘It is not for party who relies upon the words actually used to establish that those words effect a sensible commercial purpose. It should . .
Cited – Pink Floyd Music Ltd and Another v EMI Records Ltd CA 14-Dec-2010
The defendant appealed against an order made on the claimant’s assertion that there were due to it substantial underpayments of royalties over many years. The issues were as to the construction of licensing agreements particularly in the context of . .
Cited – Rapid Results College Ltd v Angel CA 1986
There is no presumption in construing a lease that the service charge provisions will enable the landlord to recover all of his expenditure. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 November 2022; Ref: scu.465941