Delgable Limited v Amara Perinpanathan
Delgable Limited v Amara Perinpanathan
[2005] EWCA Civ 1724, 14 December 2005. Considered the extent of the repairing obligations imposed in a sublease of part of a premises. In 1979, a sublease of the first, second and third floors of a premises was granted to D. D acquired a freehold reversion in 1999. In 2004 as head landlord, D brought proceedings against P under the headlease, claiming damages for failure to repair the roof. P alleged that repairing obligations were D's responsibility, as subtenant of the upper floors. However, although the obligations of both the headlease and the sublease required P to pay costs and organise repairs on the premises, there was no mention specifically of roof repairs. The main issue of the court was therefore to decide where the obligation to the repair of the roof rested. "Held": It was decided that in the context of the sublease, it was sufficient to include the roof as the responsibility of P; but P was entitled to help from D in paying the costs on the grounds that the sublease should have been expressed in clearer language.
DELGABLE LTD V PERINPANATHAN
LANDLORD AND TENANT ACT 1954
[2005] EWCA Civ 1724, 14 December 2005. Considered the extent of the repairing obligations imposed in a sublease of part of a premises. In 1979, a sublease of the first, second and third floors of a premises was granted to D. D acquired a freehold reversion in 1999. In 2004 as head landlord, D brought proceedings against P under the headlease, claiming damages for failure to repair the roof. P alleged that repairing obligations were D's responsibility, as subtenant of the upper floors. However, although the obligations of both the headlease and the sublease required P to pay costs and organise repairs on the premises, there was no mention specifically of roof repairs. The main issue of the court was therefore to decide where the obligation to the repair of the roof rested. "Held": It was decided that in the context of the sublease, it was sufficient to include the roof as the responsibility of P; but P was entitled to help from D in paying the costs on the grounds that the sublease should have been expressed in clearer language.
DELGABLE LTD V PERINPANATHAN
LANDLORD AND TENANT ACT 1954