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Associated British Ports v C H Bailey

Language: English Series: Estates Gazette ; (1989) 13 EG 61-65(3)Publication details: 1989Subject(s): Summary: ChD 14 October 1988 Appeal, directed to be heard in open court, from a master`s decision allowing the landlord (A) to take proceedings for the forfeiture of lease by reason of breach es of covenant . The premises let consisted of a dry dock which had fallen in disrepair. The lease contained covenants by B to keep in good order and use as dry dock only. There were extensive repairing covenants . A had served on B an extensive schedule of dilapidations which quantified the cost of making good the dilapidations £270,000 and the cost of making good and restoring plant and equipment at £342,000. Master gave leave to proceed on the basis that A had proved, under Leasehold Property (Repairs) Act 1938) s1(5) that the immediate remedying of the breaches was requisite for preventing substantial diminution in the value of reversion and also that the value of the reversion had been substantially diminished. On appeal to ChD, B argued that no substantial diminution could be proved. The reversion
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Law report London Journal article ABS40630 (Browse shelf(Opens below)) 1 Available 25128-1001

ChD 14 October 1988 Appeal, directed to be heard in open court, from a master`s decision allowing the landlord (A) to take proceedings for the forfeiture of lease by reason of breach es of covenant . The premises let consisted of a dry dock which had fallen in disrepair. The lease contained covenants by B to keep in good order and use as dry dock only. There were extensive repairing covenants . A had served on B an extensive schedule of dilapidations which quantified the cost of making good the dilapidations £270,000 and the cost of making good and restoring plant and equipment at £342,000. Master gave leave to proceed on the basis that A had proved, under Leasehold Property (Repairs) Act 1938) s1(5) that the immediate remedying of the breaches was requisite for preventing substantial diminution in the value of reversion and also that the value of the reversion had been substantially diminished. On appeal to ChD, B argued that no substantial diminution could be proved. The reversion