Pattrick and another v Marley Estates Management [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWCA Civ 1176, 15 November 2007. Considered the interpretation of repairing and decorating covenants relating to a premises within a larger building. The lessees (P) of the premises were covenanted to keep the demised premises in good repair and décor. The lessor (M) was covenanted to keep in the main structure of the houses and buildings in order. One issue related to the repair of Chapel Cloisters, the upper terraces of which P leased. The second issue concerned the windows of Marley House, of which P's main leased premises formed part. P appealed against a decision that liability for repair lay with him for all matters, arguing that Chapel Cloisters were a building within the meaning of the lease and so liability lay with M; and that M was liable for the windows in Marley House as they were part of the main structure. "Held": There was no other possible definition of Chapel Cloisters than a building within the normal use of the words, therefore liability lay with M. The lease showed that windows were not part of the structure, but the panes were part of P's premises. P was responsible for cleaning the panes only. Appeal allowed in part.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 142329-1001 |
[2007] EWCA Civ 1176, 15 November 2007. Considered the interpretation of repairing and decorating covenants relating to a premises within a larger building. The lessees (P) of the premises were covenanted to keep the demised premises in good repair and décor. The lessor (M) was covenanted to keep in the main structure of the houses and buildings in order. One issue related to the repair of Chapel Cloisters, the upper terraces of which P leased. The second issue concerned the windows of Marley House, of which P's main leased premises formed part. P appealed against a decision that liability for repair lay with him for all matters, arguing that Chapel Cloisters were a building within the meaning of the lease and so liability lay with M; and that M was liable for the windows in Marley House as they were part of the main structure. "Held": There was no other possible definition of Chapel Cloisters than a building within the normal use of the words, therefore liability lay with M. The lease showed that windows were not part of the structure, but the panes were part of P's premises. P was responsible for cleaning the panes only. Appeal allowed in part.