000 01604cab a2200217 4500
001 ABS37099
008 090401t1986 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u2300
041 _aeng
245 _aElite Investments Ltd v TI Bainbridge Silencers Ltd
260 _c1986
350 _a0
490 _aEstates Gazette
_v280 (6311) 22 November 1986, 1001-1012(7)
520 _aChD 9 May 1986. Injunction, damages and other relief claimed by plaintiff landlords in relation to alleged breaches of repairing covenants by the defendant tenants in respect of leases of two units in an industrial building erected in 1940. The main action concerned the larger of the two units, the roof of which had reached a serious state of dilapidation and needed to be replaced. The tenants disclaimed liability . The main point at issue was whether the replacement of the roof constituted a repair within the scope of the repairing covenant or renewal outside of it. The judge found that 1) the roof was not coated originally, it was left as a galvanised sheet, 2) the bitumastic coating which was on from about 1964 onwards was put on after the galvanising had largely worn off, 3) the roof was deteriorating throughout and was deteriorating at the time of the grant of the leases and 4) by 1984 the roof was beyond patching and needed to be replaced. The tenants` solicitor argued that the
650 _aBREACH OF COVENANT
650 _aHAMILTON V MARTELL SECURITIES LIMITED
650 _aINHERENT DEFECT
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c1390
_d1390