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Amsprop Trading Ltd v Harris Distribution Ltd and another

Language: English Series: All England Law Reports ; [1997] 2 All ER 990-1001(12)Publication details: 1997Subject(s): Summary: Chd 7 November 1996. K was granted a lease of a warehouse, whose reversion was later transfered to X. K granted an underlease to the first defendants, H, under which H covenanted with the landlords to keep the premises in good repair. In 1993 H assigned the underlease to the second defendant, T, and also in 1993 the plaintiff, Z, acquired the reversion of the headlease. In February 1996 Z served notice on T requiring them to carry out certain repairs, however one month later T vacated the premises, surrendering the underlease, and Z forfeited the headlease. Z commenced proceedings against H and T seeking a declaration that they were liable to pay for the repairs. A preliminary issue was tried as to whether Z was entitled to enforce the covenants against the defendants. It was held that Z was not entitled to enforce these as the Law of Property Act 1925 s56(1) did not operate to confer the benefit of a covenant on a party who was not within the ambit of the identified covenantee.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS57164 (Browse shelf(Opens below)) 1 Available 79188-1001

Chd 7 November 1996. K was granted a lease of a warehouse, whose reversion was later transfered to X. K granted an underlease to the first defendants, H, under which H covenanted with the landlords to keep the premises in good repair. In 1993 H assigned the underlease to the second defendant, T, and also in 1993 the plaintiff, Z, acquired the reversion of the headlease. In February 1996 Z served notice on T requiring them to carry out certain repairs, however one month later T vacated the premises, surrendering the underlease, and Z forfeited the headlease. Z commenced proceedings against H and T seeking a declaration that they were liable to pay for the repairs. A preliminary issue was tried as to whether Z was entitled to enforce the covenants against the defendants. It was held that Z was not entitled to enforce these as the Law of Property Act 1925 s56(1) did not operate to confer the benefit of a covenant on a party who was not within the ambit of the identified covenantee.