Associated British Ports v CH Bailey plc
Language: English Series: Weekly Law Reports ; 1990 WLR 812-822(11)Publication details: 1990Subject(s): Summary: HL 22 March 1990. The tenants (B) of a dry dock had covenanted to keep premises, fixtures and machinery in good repair and condition but as demand for ship repairing dropped the premises fell into disrepair . The landlords (A) served a notice under Law of Property Act 1925 s146 with a schedule of dilapidations . The tenants served a counternotice claiming the benefit of Leasehold Property (Repairs) Act 1938 s1(3) and (5) whereby the landlord must prove his entitlement to remedy the breach of a repairing covenant . B argued that the machinery was bound to be obsolete anyway by the end of the lease and that the demanded payment for repairs was out of proportion to the loss in value to the reversion. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42544 (Browse shelf(Opens below)) | 1 | Available | 37526-1001 |
HL 22 March 1990. The tenants (B) of a dry dock had covenanted to keep premises, fixtures and machinery in good repair and condition but as demand for ship repairing dropped the premises fell into disrepair . The landlords (A) served a notice under Law of Property Act 1925 s146 with a schedule of dilapidations . The tenants served a counternotice claiming the benefit of Leasehold Property (Repairs) Act 1938 s1(3) and (5) whereby the landlord must prove his entitlement to remedy the breach of a repairing covenant . B argued that the machinery was bound to be obsolete anyway by the end of the lease and that the demanded payment for repairs was out of proportion to the loss in value to the reversion. Appeal allowed.