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British Telecom plc v Sun Life Assurance Society plc

Language: English Series: Estates Gazette ; (1994) 43 EG 158-160(3)Publication details: 1994Subject(s): Summary: ChD 21 June 1994. By an underlease S, as landlord, covenanted to keep premises in good and substantial repair. By three subunderleases, the terms of which were held by B, S covenanted to perform the tenant`s covenants in the underlease. In 1986 part of the exterior brickwork became out of repair and B carried out the necessary work in 1988. B claimed that S was in breach of the covenants as soon as the premises were out of repair. S said that no breach arose until after the expiration of a reasonable time from receiving notice of the disrepair. Held that S was in breach of the subunderleases.

ChD 21 June 1994. By an underlease S, as landlord, covenanted to keep premises in good and substantial repair. By three subunderleases, the terms of which were held by B, S covenanted to perform the tenant`s covenants in the underlease. In 1986 part of the exterior brickwork became out of repair and B carried out the necessary work in 1988. B claimed that S was in breach of the covenants as soon as the premises were out of repair. S said that no breach arose until after the expiration of a reasonable time from receiving notice of the disrepair. Held that S was in breach of the subunderleases.