Goldmile Properties Ltd v Speiro Lechouritis
Goldmile Properties Ltd v Speiro Lechouritis
- 2003
- Estates Gazette [2003] EG 121 (CS) Estates Gazette [2003] 15 EG 143-146(4) .
[2003] EWCA Civ 49, 29 January 2003. The claimant (S) the lessee, ran a restaurant business. The lease contained a covenant for quiet enjoyment in favour of S and a covenant by the landlord G to repair parts of the building which were not the responsibility of S. In 1997 G carried out repair works which severely disrupted S's restaurant business and S made a claim against G for loss of profit. The district judge found for G on the basis that the repairs were necessary and there was no breach of the covenant for quiet enjoyment. On S's appeal the decision was reversed. G appealed. The issue was whether G had to take all reasonable precautions or all possible precautions. CA held that G had taken all reasonable steps to respect S's contractual interests. Appeal allowed. Judgment of district judge dismissing claim restored. View judgment at www.courtservice.gov.uk.
GOLDMILE PROPERTIES LTD V SPEIRO LECHOURITIS
BUSINESS TENANCIES
COVENANT FOR QUIET ENJOYMENT
SERVICE CHARGES
DISTURBANCE
BUILDING WORKS
REPAIRING COVENANTS
DISRUPTION TO BUSINESS
INTERPRETATION
REASONABLE STEPS
[2003] EWCA Civ 49, 29 January 2003. The claimant (S) the lessee, ran a restaurant business. The lease contained a covenant for quiet enjoyment in favour of S and a covenant by the landlord G to repair parts of the building which were not the responsibility of S. In 1997 G carried out repair works which severely disrupted S's restaurant business and S made a claim against G for loss of profit. The district judge found for G on the basis that the repairs were necessary and there was no breach of the covenant for quiet enjoyment. On S's appeal the decision was reversed. G appealed. The issue was whether G had to take all reasonable precautions or all possible precautions. CA held that G had taken all reasonable steps to respect S's contractual interests. Appeal allowed. Judgment of district judge dismissing claim restored. View judgment at www.courtservice.gov.uk.
GOLDMILE PROPERTIES LTD V SPEIRO LECHOURITIS
BUSINESS TENANCIES
COVENANT FOR QUIET ENJOYMENT
SERVICE CHARGES
DISTURBANCE
BUILDING WORKS
REPAIRING COVENANTS
DISRUPTION TO BUSINESS
INTERPRETATION
REASONABLE STEPS