Post Office v Aquarius Properties Ltd
Post Office v Aquarius Properties Ltd
- 1987
- Estates Gazette 281 (6322) 21 February 1987, 798-804 (5) .
CA 18 December 1986. Appeal from the landlords against a cc decision (see Abstract 35587) in favour of the tenants, in regard to the tenants` liability to repair under the repairing covenants of their lease of an office building. CA agreed with the cc decision, but reached it by a different route. The tenants were not liable because there was at present no disrepair to the building. Disrepair was held to be a deterioration from a previous physical condition. In this case, although the water in the basement had been present for long periods, there was no evidence that it had caused any deterioration. Reserved its opinion on what the position might be in the future if the original defects combined with the flooding were to cause damage to plaster work or electric fittings. Appeal dismissed.
LEASES
OFFICE BUILDINGS
REPAIRS
CA 18 December 1986. Appeal from the landlords against a cc decision (see Abstract 35587) in favour of the tenants, in regard to the tenants` liability to repair under the repairing covenants of their lease of an office building. CA agreed with the cc decision, but reached it by a different route. The tenants were not liable because there was at present no disrepair to the building. Disrepair was held to be a deterioration from a previous physical condition. In this case, although the water in the basement had been present for long periods, there was no evidence that it had caused any deterioration. Reserved its opinion on what the position might be in the future if the original defects combined with the flooding were to cause damage to plaster work or electric fittings. Appeal dismissed.
LEASES
OFFICE BUILDINGS
REPAIRS