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Duncliffe and Another v Caerfelin Properties Ltd

Language: English Series: Estates Gazette ; (1989) 27 EG 89Publication details: 1989Subject(s): Summary: QBD 7 September 1987 Trial of a preliminary issue between lessees of a flat (D) and assignees of the freehold reversion (C), in regard to alleged breach es by C of repairing covenants under the lease of the flat. D had complained that breaches of the covenant over a period of years had resulted in damp problems, reducing the value, use and enjoyment of the flat and causing damage to decorations and furniture. There was no dispute that C, as assignees, (the original reversioners having gone into liquidation), were liable to carry out repairs . The point at issue was whether this obligation covered liability relating to consequential damage which had accrued before assignment . The answer lay in the true construction of Law of Property Act 1925 s142 . Under s142 an obligation to repair covered the remedying of an accumulation of past disrepair dating from before assignment. Held that this could properly be distinguished from the consequences of past disrepair resulting in "accrued caus

QBD 7 September 1987 Trial of a preliminary issue between lessees of a flat (D) and assignees of the freehold reversion (C), in regard to alleged breach es by C of repairing covenants under the lease of the flat. D had complained that breaches of the covenant over a period of years had resulted in damp problems, reducing the value, use and enjoyment of the flat and causing damage to decorations and furniture. There was no dispute that C, as assignees, (the original reversioners having gone into liquidation), were liable to carry out repairs . The point at issue was whether this obligation covered liability relating to consequential damage which had accrued before assignment . The answer lay in the true construction of Law of Property Act 1925 s142 . Under s142 an obligation to repair covered the remedying of an accumulation of past disrepair dating from before assignment. Held that this could properly be distinguished from the consequences of past disrepair resulting in "accrued caus