British Telecommunications plc v Sun Life Assurance Society plc
British Telecommunications plc v Sun Life Assurance Society plc
- 1995
- All England Law Reports (1995) 4 AllER 44-52(9) .
CA 28 July 1995. The plaintiff (B) was tenant on the sixth and seventh floors of premises to which the defendant (S) was landlord. The lease required S to keep the building as a whole in `complete good and substantial repair`. In the summer of 1986 a bulge appeared in the brick cladding on the fifth floor external wall, and when S was informed on 1 September 1986 they immediately did preparatory work to carry out remedial work - which did not begin until February 1988. Meanwhile B brought proceedings against S for breach of repairing covenant, contending that a breach occurred as soon as a defect occurred, and not, as S contended, when notification of such defect was received. Appeal against earlier ruling in favour of B was dismissed.
BREACH OF COVENANT
BREACH
BRITISH TELECOMMUNICATIONS PLC V SUN LIFE ASSURANCE SOCIETY PLC
BUILDING DEFECTS
LEASES
REPAIRING COVENANTS
CA 28 July 1995. The plaintiff (B) was tenant on the sixth and seventh floors of premises to which the defendant (S) was landlord. The lease required S to keep the building as a whole in `complete good and substantial repair`. In the summer of 1986 a bulge appeared in the brick cladding on the fifth floor external wall, and when S was informed on 1 September 1986 they immediately did preparatory work to carry out remedial work - which did not begin until February 1988. Meanwhile B brought proceedings against S for breach of repairing covenant, contending that a breach occurred as soon as a defect occurred, and not, as S contended, when notification of such defect was received. Appeal against earlier ruling in favour of B was dismissed.
BREACH OF COVENANT
BREACH
BRITISH TELECOMMUNICATIONS PLC V SUN LIFE ASSURANCE SOCIETY PLC
BUILDING DEFECTS
LEASES
REPAIRING COVENANTS