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Rainbow Estates Ltd v Tokenhold Ltd and another

Language: English Series: Estates Gazette Law Reports ; (1998)24 EG 123-128(6)Publication details: 1998Subject(s): Summary: ChD 4 March 1998. The second defendant and his brother transferred the freehold of a Grade II listed building to V, a company owned by them. When a bank came to enforce its charge on the property in 1993, the brothers revealed the existence of two leases of the property each granted by V and containing a covenant by the tenant to repair the property demised. The defendants maintained that there was no obligation for the tenant to repair because the leases were subject to two agreements dated 17 November 1987 under which the repairs were to be the landlord`s responsibility, and applied to amend their defence to seek rectification of the repairing covenants. "Held" the applications to amend the defence were refused and an order for specific performance of the repairing covenants was granted.
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Law report London Journal article ABS58922 (Browse shelf(Opens below)) 1 Available 86972-1001

ChD 4 March 1998. The second defendant and his brother transferred the freehold of a Grade II listed building to V, a company owned by them. When a bank came to enforce its charge on the property in 1993, the brothers revealed the existence of two leases of the property each granted by V and containing a covenant by the tenant to repair the property demised. The defendants maintained that there was no obligation for the tenant to repair because the leases were subject to two agreements dated 17 November 1987 under which the repairs were to be the landlord`s responsibility, and applied to amend their defence to seek rectification of the repairing covenants. "Held" the applications to amend the defence were refused and an order for specific performance of the repairing covenants was granted.