Hafton-Properties Ltd v Camp and another
Hafton-Properties Ltd v Camp and another
- 1994
- Estates Gazette (1994) 03 EG 129-132(4) .
ORC 13 May 1993. By a long lease dated July 1978 C held a flat in a block, the reversion of which was owned by H. By a lease C covenanted with the lessor and S to pay S a maintenance charge being a portion of S`s expenditure on specified matters. The lease contained a right of reentry upon failure of the lessee to pay S`s charge. H claimed that C had failed to pay £9,890 in arrears of rent and service charges and sought possession of the flat following forfeiture. In their defence C alleged that S had allowed the building to fall into a state of disrepair and that H were in breach of an implied duty to perform the covenants of repair and maintenance on S`s behalf. It was held that H were not responsible for the actions of S and C had a right to apply for the appointment of a receiver in respect of any failure of S to perform its covenants under the lease.
IMPLIED COVENANTS
MAINTENANCE COMPANY
RENT ARREARS
REPAIRING COVENANTS
REPAIRS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SERVICE CHARGE ARREARS
SERVICE CHARGES
ORC 13 May 1993. By a long lease dated July 1978 C held a flat in a block, the reversion of which was owned by H. By a lease C covenanted with the lessor and S to pay S a maintenance charge being a portion of S`s expenditure on specified matters. The lease contained a right of reentry upon failure of the lessee to pay S`s charge. H claimed that C had failed to pay £9,890 in arrears of rent and service charges and sought possession of the flat following forfeiture. In their defence C alleged that S had allowed the building to fall into a state of disrepair and that H were in breach of an implied duty to perform the covenants of repair and maintenance on S`s behalf. It was held that H were not responsible for the actions of S and C had a right to apply for the appointment of a receiver in respect of any failure of S to perform its covenants under the lease.
IMPLIED COVENANTS
MAINTENANCE COMPANY
RENT ARREARS
REPAIRING COVENANTS
REPAIRS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SERVICE CHARGE ARREARS
SERVICE CHARGES