000 02109cam a2200277 4500
001 ABS64166
008 000000n2001 000 0 eng u
035 _a(Sirsi) u113322
245 _aBHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and another
260 _c2001
490 _aEstates Gazette
_v[2001] EG 155-161(7)
520 _aChD 27 February 2001. The first defendant (D1) made an agreement to grant a lease to the appellant (B) following the practical completion of refurbishment works. Under the agreement D1 also undertook liabilities for defects in the works for six years but later transferred the reversion to the second defendant, an associate company, serving a notice on B seeking release from its obligations under the Landlord and Tenant (Covenants) Act 1995 s8. This it claimed, when the local authority subsequently served a dangerous structure notice on the second defendant (D2) under the London Building Acts (Amendment) Act 1939 s62, extinguished its personal obligation to remedy defects whilst B also disputed its obligations to reimburse D2 for the cost of remedial works under the lease. "Held": The personal obligations of D1 did not fall within the definition of a landlord covenant in Landlord and Tenant (Covenants) Act 1995 s28 and therefore were unaffected by the s8 notice; D1 was obliged to remedy the damages as at the date notified of the defect by the B; B was obliged to ensure compliance with the dangerous structure notice at its own cost and to indemnify the landlord in respect of these costs.
590 _aABS
650 _aBHP PETROLEUM GREAT BRITAIN LTD V CHESTERFIELD PROPERTIES LTD
650 _aCOLLATERAL AGREEMENTS
650 _aDANGEROUS STRUCTURE NOTICES
650 _aLANDLORD AND TENANT (COVENANTS) ACT 1995 S8
650 _aLANDLORD AND TENANT (COVENANTS) ACT 1995 S28
650 _aLANDLORDS COVENANTS
650 _aLATENT DEFECTS
650 _aLATENT DEFECTS LIABILITY
650 _aPERSONAL COVENANTS
650 _aTENANTS OBLIGATIONS
690 _aLANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
942 _n0
999 _c67507
_d67507