If the Plaintiff declares on a general covenant to repair a messuage, and assigns a breach, per quod he was put to expence, it is sufficient for a tenant to plead performance as to all except as to the repairs of a party-wall, and that those repairs were rendered necessary, and were done under the statute 14 G. 3, c, 78, and did not become necessary by the Defendant’s default, and that the Defendant was not the owner of the improved rent. – -And if the Plaintiff is possessed of any facts to charge the Defendant with a proportion of the repairs, he ought to reply them.
Judges:
Sir James Mansfield CJ and Gibbs J
Citations:
[1813] EngR 479, (1813) 5 Taunt 90, (1813) 128 ER 620 (B)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Makin v Watkinson 1870
The court considered the extent of a Landlord’s duty of repair where he had entered into an express covenant for the purpose. . .
Cited – Edwards v Kumarasamy SC 13-Jul-2016
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 20 May 2022; Ref: scu.338244