000 01473cam a2200217 4500
001 ABS64570
008 010926n2001 000 0 eng u
035 _a(Sirsi) u114870
245 _aPetersson and others v Pitt Place (Epsom) Ltd
260 _c2001
490 _aProperty, Planning and Compensation Reports
_v[2001] 82 P&CR 276-285(5)
520 _aCA 19 January 2001. A were the freehold owners of a substantial complex of flats. B were the tenants of three of the flats in block C of the complex. The issue on appeal was whether A was liable to repair the roof terraces of the flats in block C. A had covenanted by clause 4(c) of the Leases to 'maintain and keep in good and substantial repairƯthe main structure of the building'. A appealed against the CC's ruling that the roof terraces formed part of 'the main structure or roof thereof', and thus that they were liable for their repair. Appeal allowed on the grounds that the tenant of the upper flat had also covenanted, in the lease, to repair and maintain the roof terraces. Applying the presumption against impractical overlapping obligations, 'main structure' should be construed to exclude roof terraces.
590 _aABS
650 _aPETERSSON V PITT PLACE (EPSOM)
650 _aROOF TERRACE
650 _aOBLIGATIONS TO REPAIR
650 _aREPAIRS
650 _aBUILT ENVIRONMENT-BUILDING MAINTENANCE AND REFURBISHMENT
690 _aLANDLORD AND TENANT-LEASES-CASE LAW
942 _n0
999 _c68400
_d68400