At the end of the lease, the subtenant had failed to comply with his obligation to repair the property, leaving the head tenant liable to the landlord. The landlord had issued a letter which forgave the tenant from his obligations.
Held: The letter did not excuse the sub-tenant or affect the value of the reversion so as to reduce the damages.
Judges:
Smith LJ, Jacob LJ, Lawrence Collins LJ
Citations:
[2007] EWCA Civ 826
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Smiley v Townshend CA 1950
At the end of the lease, the tenant had not complied with his covenant to repair. The court considered the damages which might be awarded.
Held: The court may take into account events which had not yet occurred but which threw a light on the . .
Cited – Crown Estate Commissioners v Town Investments Limited QBD 1992
When renewing his tenancy, the tenant may not pray in aid its own breaches of covenant in order to reduce the new rent. . .
Cited – Family Management v Gray 1980
Premises had been sub-let under full repairing leases and the disrepair which was the subject of the landlord’s action against the head tenant was due to breaches by the sub-tenants of their repairing obligations, who had by the term date of the . .
Cited – Town Investments Ltd v Department of the Environment HL 2-Mar-1977
The House considered the application of Orders made under the Counter-Inflation Acts 1972 and 1973 to premises let initially to the Minister of Works and then to the Secretary of State for the Environment for occupation by civil servants. Each of . .
Cited – Jacquin v Holland 1960
The relevant date for assessing damages for a tenant’s failure to repair the premises in accordance with his covenant is the term date of the lease. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 11 June 2022; Ref: scu.259143