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Ibrahim v Dovecorn Reversions Ltd and others

Series: Estates Gazette Law Reports ; [2001] 30 EG 116-123(8)Publication details: 2001Subject(s): Summary: ChD 9 March 2001. I was the lessee of flat 8, a second floor flat owned by the landlord D. Directly above the flat were flats 9 and 10. Part of the interior of flat 8 lay underneath the roof terrace serving 9 and 10. For several years water percolated from the terrace into flat 8 below. In July 1998 I brought proceedings against D. D contended that the water penetration was caused by defects in the roof terraces serving 9 and 10 and denied liability. The claimant I then amended his claim and joined the second and third defendants. The judge decided the whole of the roof terrace was part of the main structure of the building and so the repairing obligation fell on D. D was ordered to pay the costs to I and the defendants, under the Landlord and Tenant Act 1985 s20C. D appealed. "Held" subject to a small qualification, the appeal was dismissed.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS64289 (Browse shelf(Opens below)) 1 Available 113939-1001

ChD 9 March 2001. I was the lessee of flat 8, a second floor flat owned by the landlord D. Directly above the flat were flats 9 and 10. Part of the interior of flat 8 lay underneath the roof terrace serving 9 and 10. For several years water percolated from the terrace into flat 8 below. In July 1998 I brought proceedings against D. D contended that the water penetration was caused by defects in the roof terraces serving 9 and 10 and denied liability. The claimant I then amended his claim and joined the second and third defendants. The judge decided the whole of the roof terrace was part of the main structure of the building and so the repairing obligation fell on D. D was ordered to pay the costs to I and the defendants, under the Landlord and Tenant Act 1985 s20C. D appealed. "Held" subject to a small qualification, the appeal was dismissed.