Grayless v Watkinson
Grayless v Watkinson
- (1990 21 EG 163-170(5)
- Estates Gazette (1990 21 EG 163-170(5) .
CA 21 February 1990. Appeal by the landlord (W) from a cc decision in favour of the tenant (G)`s right to recover the cost of replacing the roof of a barn . Under a previous arbitration it had been determined that replacement was not the liability of G. W accepted that it was his liability under Maintenance, Repair and Insurance of Fixed Equipment Regulations 1973, but failed to respond to G`s request to carry out the work. G went ahead and carried out the work himself in accordance with the 1973 regulations. In a cc action to recover the costs of the work, cc gave judgement in G`s favour for the full amount, rejecting W`s plea that his liability was limited by para 12(2) in the Schedule to the 1973 regulations. Cc accepted a submission that the procedure under the 1973 regulations was an option and did not rule out a remedy at common law for damages , based on breach of contract or statutory duty, unfettered by the limitation in the regulations. On appeal by W, CA held that cc`s dec
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
CASE LAW
REPAIR
CA 21 February 1990. Appeal by the landlord (W) from a cc decision in favour of the tenant (G)`s right to recover the cost of replacing the roof of a barn . Under a previous arbitration it had been determined that replacement was not the liability of G. W accepted that it was his liability under Maintenance, Repair and Insurance of Fixed Equipment Regulations 1973, but failed to respond to G`s request to carry out the work. G went ahead and carried out the work himself in accordance with the 1973 regulations. In a cc action to recover the costs of the work, cc gave judgement in G`s favour for the full amount, rejecting W`s plea that his liability was limited by para 12(2) in the Schedule to the 1973 regulations. Cc accepted a submission that the procedure under the 1973 regulations was an option and did not rule out a remedy at common law for damages , based on breach of contract or statutory duty, unfettered by the limitation in the regulations. On appeal by W, CA held that cc`s dec
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
CASE LAW
REPAIR