[2007] EWCA Civ 374, 27 March 2007. Concerns a case where a landlord sought to recover the costs of repairs to a property through a service charge. Appellant landlords (P) appealed against a decision (ChD, L136038) regarding the correct interpretation of a repairing clause in a lease that P had entered into with the respondent tenant (D). The key issues to be determined were the correct construction of the liability clause (that stated that P would not be liable to D in respect of P's failure to carry out its maintenance and repair duties until D had notified P of such failure and P had failed within a reasonable time to remedy the same) and whether P was in breach of their covenant to use all reasonable endeavours to meet the repair and maintenance obligations. "Held": appeal dismissed. P had waived the benefit of the liability clause by advising D of its intention to carry out the repairs.