BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and another
Series: Estates Gazette ; [2001] EG 155-161(7)Publication details: 2001Subject(s):- BHP PETROLEUM GREAT BRITAIN LTD V CHESTERFIELD PROPERTIES LTD
- COLLATERAL AGREEMENTS
- DANGEROUS STRUCTURE NOTICES
- LANDLORD AND TENANT (COVENANTS) ACT 1995 S8
- LANDLORD AND TENANT (COVENANTS) ACT 1995 S28
- LANDLORDS COVENANTS
- LATENT DEFECTS
- LATENT DEFECTS LIABILITY
- PERSONAL COVENANTS
- TENANTS OBLIGATIONS
- LANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS64166 (Browse shelf(Opens below)) | 1 | Available | 113322-1001 |
ChD 27 February 2001. The first defendant (D1) made an agreement to grant a lease to the appellant (B) following the practical completion of refurbishment works. Under the agreement D1 also undertook liabilities for defects in the works for six years but later transferred the reversion to the second defendant, an associate company, serving a notice on B seeking release from its obligations under the Landlord and Tenant (Covenants) Act 1995 s8. This it claimed, when the local authority subsequently served a dangerous structure notice on the second defendant (D2) under the London Building Acts (Amendment) Act 1939 s62, extinguished its personal obligation to remedy defects whilst B also disputed its obligations to reimburse D2 for the cost of remedial works under the lease. "Held": The personal obligations of D1 did not fall within the definition of a landlord covenant in Landlord and Tenant (Covenants) Act 1995 s28 and therefore were unaffected by the s8 notice; D1 was obliged to remedy the damages as at the date notified of the defect by the B; B was obliged to ensure compliance with the dangerous structure notice at its own cost and to indemnify the landlord in respect of these costs.