||All England Reporter
|| All ER (D) 61 (Dec)
||Mark Warwick (instructed by Howard Kennedy) for the claimant.
||Jonathan Ferris (instructed by Michael Conn Gold Sobel) for the defendant.
||5 December 2006
Landlord and tenant - Covenant - Repair - Enforcement of covenant - Lease - Claimant asserting right to sue for damages for breach of repairing covenant assigned to it - Defendant tenant contending collateral contract made with claimant's predecessor prior to lease - Collateral contract providing defendant not to be served with terminal schedule dilapidations - Whether collateral contract existing - Whether claimant estopped from continuing with claim.
In the instant case, the assurances given and accepted by the parties that the defendant tenant would not be served with a terminal schedule of dilapidations were continuing assurances and were not intended to be overridden by cl2(6) of the new lease. It followed that the claimant's claim against the defendant for dilapidations to the leased premises would be dismissed.
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