Case news: Seine International and others v Park Lane Holdings
Language: English Series: Property Week ; 70(21) 27 May 2005, 70 (1)Publication details: 2005Subject(s): Summary: Discusses "Seine International and others v Park Lane Holdings" (HC, 11 April 2005). The tenants (SI) claimed damages against the landlord (PL) for breach of its covenant for quiet enjoyment. The building in question was in substantial disrepair. The tenants made payment to a maintenance trustee who informed them of the cost of repairs. The trustee erected scaffolding but did not commence repairs. The landlord tried to strike out the claim on the ground that it was not liable for the trustee's action. "Held": that the claimant tenants had an arguable case that their landlord was in breach of its covenant for quiet enjoyment over the erection of scaffolding and that the claim should proceed to full trial. Points out that many residential and mixed-use buildings defer the responsibility for tenants' services to a management company or maintenance trustee, which can cause uncertainty over liability.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L130046 (Browse shelf(Opens below)) | 1 | Available | 130046-1001 |
Discusses "Seine International and others v Park Lane Holdings" (HC, 11 April 2005). The tenants (SI) claimed damages against the landlord (PL) for breach of its covenant for quiet enjoyment. The building in question was in substantial disrepair. The tenants made payment to a maintenance trustee who informed them of the cost of repairs. The trustee erected scaffolding but did not commence repairs. The landlord tried to strike out the claim on the ground that it was not liable for the trustee's action. "Held": that the claimant tenants had an arguable case that their landlord was in breach of its covenant for quiet enjoyment over the erection of scaffolding and that the claim should proceed to full trial. Points out that many residential and mixed-use buildings defer the responsibility for tenants' services to a management company or maintenance trustee, which can cause uncertainty over liability.