Riverside Property Investments Ltd v Blackhawk Automotive
Riverside Property Investments Ltd v Blackhawk Automotive
- 2005
- Estates Gazette [2005] 01 EG 94 (CS) .
[2004] EWHC 3052 (TCC) 8 December 2004. Considered if would have been impossible to bring a roof up to the standard required by covenant for repairs other than by its complete replacement. The dispute centered on whether the state of the roof of a light industrial unit at the end of the lease was in breach of the covenant, despite the fact that B had made repairs to the roof and replaced damaged cement sheeting and all roof lights and fixings. R sought to recover costs from B on the grounds that only the replacement of the whole roof would have complied with the covenant. "Held": the claim was allowed in part; repairing the roof was a viable option but R was entitled to claim certain costs and expenses with regards to the preparation of a schedule of dilapidations and the enforcement of the repairing covenants.
RIVERSIDE PROPERTY INVESTMENTS LTD V BLACKHAWK AUTOMOTIVE
[2004] EWHC 3052 (TCC) 8 December 2004. Considered if would have been impossible to bring a roof up to the standard required by covenant for repairs other than by its complete replacement. The dispute centered on whether the state of the roof of a light industrial unit at the end of the lease was in breach of the covenant, despite the fact that B had made repairs to the roof and replaced damaged cement sheeting and all roof lights and fixings. R sought to recover costs from B on the grounds that only the replacement of the whole roof would have complied with the covenant. "Held": the claim was allowed in part; repairing the roof was a viable option but R was entitled to claim certain costs and expenses with regards to the preparation of a schedule of dilapidations and the enforcement of the repairing covenants.
RIVERSIDE PROPERTY INVESTMENTS LTD V BLACKHAWK AUTOMOTIVE