Disrepair :: Forfeiture :: Break clause :: Landlord & Tenant Act (Covenants) Act 1995 :: Business tenancies by Norman Joss and Nick Grundy

Disrepair

Marlborough Park Services Ltd v Rowe [2006] EWCA Civ 436 was a landlord’s appeal against a decision that it was responsible for repairing a cracked floor in the upper floor of a maisonette. The cracking was caused by deflection of floor joists. R had covenanted to keep the property in good repair and L had covenanted to maintain ‘the main structures’. The trial judge held that the floors were part of the ‘main structure’ and that the cost of the work was service charge payable by all tenants. L argued that the judge’s construction of the lease was wrong, because the main structure was limited to the items in the ownership and control of the landlord that served more than one unit.

The Court...

Jean Yves

IICJ

This article is part of a subscription-based access, to continue reading, please contact your library