Elite Investments Ltd v TI Bainbridge Silencers Ltd
Language: English Series: Estates Gazette ; 280 (6311) 22 November 1986, 1001-1012(7)Publication details: 1986Subject(s): Summary: ChD 9 May 1986. Injunction, damages and other relief claimed by plaintiff landlords in relation to alleged breaches of repairing covenants by the defendant tenants in respect of leases of two units in an industrial building erected in 1940. The main action concerned the larger of the two units, the roof of which had reached a serious state of dilapidation and needed to be replaced. The tenants disclaimed liability . The main point at issue was whether the replacement of the roof constituted a repair within the scope of the repairing covenant or renewal outside of it. The judge found that 1) the roof was not coated originally, it was left as a galvanised sheet, 2) the bitumastic coating which was on from about 1964 onwards was put on after the galvanising had largely worn off, 3) the roof was deteriorating throughout and was deteriorating at the time of the grant of the leases and 4) by 1984 the roof was beyond patching and needed to be replaced. The tenants` solicitor argued that the| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37099 (Browse shelf(Opens below)) | 1 | Available | 2300-1001 |
ChD 9 May 1986. Injunction, damages and other relief claimed by plaintiff landlords in relation to alleged breaches of repairing covenants by the defendant tenants in respect of leases of two units in an industrial building erected in 1940. The main action concerned the larger of the two units, the roof of which had reached a serious state of dilapidation and needed to be replaced. The tenants disclaimed liability . The main point at issue was whether the replacement of the roof constituted a repair within the scope of the repairing covenant or renewal outside of it. The judge found that 1) the roof was not coated originally, it was left as a galvanised sheet, 2) the bitumastic coating which was on from about 1964 onwards was put on after the galvanising had largely worn off, 3) the roof was deteriorating throughout and was deteriorating at the time of the grant of the leases and 4) by 1984 the roof was beyond patching and needed to be replaced. The tenants` solicitor argued that the