Source: All England Reporter
Publisher Citation: [2002] All ER (D) 67 (Jan)
Court: Chancery Division
Judge:

Neuberger J

Representation Jonathan Brock QC (instructed by Addleshaw Booth & Co) for the claimant.
  Jonathan Gaunt QC (instructed by Osborne Clarke) for the defendant.
Judgment Dates: 11 January 2002

Catchwords

Landlord and tenant - Repair - Breach of covenant - Cracks in brickwork and stonework Whether method of repair proposed by tenant reasonable.

The Case

The obligation to keep in repair obliged the tenant to ensure that the building did not get out of repair and good and substantial repair meant more than just that the building had to be capable of occupation. Once it was established that there was disrepair requiring to be remedied, performance of the obligation required the covenantor to undertake such remedial work as was prudent and avoid the carrying out of futile work.

Practice Areas

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