000 01560cab a2200193 4500
001 ABS41123
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u28340
041 _aeng
245 _aDuncliffe and Another v Caerfelin Properties Ltd
260 _c1989
350 _a0
490 _aEstates Gazette
_v(1989) 27 EG 89
520 _aQBD 7 September 1987 Trial of a preliminary issue between lessees of a flat (D) and assignees of the freehold reversion (C), in regard to alleged breach es by C of repairing covenants under the lease of the flat. D had complained that breaches of the covenant over a period of years had resulted in damp problems, reducing the value, use and enjoyment of the flat and causing damage to decorations and furniture. There was no dispute that C, as assignees, (the original reversioners having gone into liquidation), were liable to carry out repairs . The point at issue was whether this obligation covered liability relating to consequential damage which had accrued before assignment . The answer lay in the true construction of Law of Property Act 1925 s142 . Under s142 an obligation to repair covered the remedying of an accumulation of past disrepair dating from before assignment. Held that this could properly be distinguished from the consequences of past disrepair resulting in "accrued caus
650 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c19097
_d19097