Roper v Prudential Assurance Co Ltd
Roper v Prudential Assurance Co Ltd
- 1992
- Estates Gazette (1992) 09 EG 141-144(3) .
QBD 19 June 1991. Roper, the plaintiff tenant, went to court to establish whose liability it was to replace electrical wiring in his rented farmhouse. Though he had covenanted to `maintain` and `repair` the fabric of the holding, R argued that as there was no fault to be assigned, there was no obligation to `replace` what had simply deteriorated with age. However, the court took the opposite view, noting numerous precedents in similar circumstances, and thus placed responsiblity with R.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
LIABILITY
REPAIRING COVENANTS
QBD 19 June 1991. Roper, the plaintiff tenant, went to court to establish whose liability it was to replace electrical wiring in his rented farmhouse. Though he had covenanted to `maintain` and `repair` the fabric of the holding, R argued that as there was no fault to be assigned, there was no obligation to `replace` what had simply deteriorated with age. However, the court took the opposite view, noting numerous precedents in similar circumstances, and thus placed responsiblity with R.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
LIABILITY
REPAIRING COVENANTS