Elite Investments Ltd v TI Bainbridge Silencers Ltd
Elite Investments Ltd v TI Bainbridge Silencers Ltd
- 1986
- Estates Gazette 280 (6311) 22 November 1986, 1001-1012(7) .
ChD 9 May 1986. Injunction, damages and other relief claimed by plaintiff landlords in relation to alleged breaches of repairing covenants by the defendant tenants in respect of leases of two units in an industrial building erected in 1940. The main action concerned the larger of the two units, the roof of which had reached a serious state of dilapidation and needed to be replaced. The tenants disclaimed liability . The main point at issue was whether the replacement of the roof constituted a repair within the scope of the repairing covenant or renewal outside of it. The judge found that 1) the roof was not coated originally, it was left as a galvanised sheet, 2) the bitumastic coating which was on from about 1964 onwards was put on after the galvanising had largely worn off, 3) the roof was deteriorating throughout and was deteriorating at the time of the grant of the leases and 4) by 1984 the roof was beyond patching and needed to be replaced. The tenants` solicitor argued that the
BREACH OF COVENANT
HAMILTON V MARTELL SECURITIES LIMITED
INHERENT DEFECT
ChD 9 May 1986. Injunction, damages and other relief claimed by plaintiff landlords in relation to alleged breaches of repairing covenants by the defendant tenants in respect of leases of two units in an industrial building erected in 1940. The main action concerned the larger of the two units, the roof of which had reached a serious state of dilapidation and needed to be replaced. The tenants disclaimed liability . The main point at issue was whether the replacement of the roof constituted a repair within the scope of the repairing covenant or renewal outside of it. The judge found that 1) the roof was not coated originally, it was left as a galvanised sheet, 2) the bitumastic coating which was on from about 1964 onwards was put on after the galvanising had largely worn off, 3) the roof was deteriorating throughout and was deteriorating at the time of the grant of the leases and 4) by 1984 the roof was beyond patching and needed to be replaced. The tenants` solicitor argued that the
BREACH OF COVENANT
HAMILTON V MARTELL SECURITIES LIMITED
INHERENT DEFECT