000 01452cam a2200181 4500
001 ##WB3929-13
008 030731n2003 000 0 eng u
035 _a(Sirsi) u123160
245 0 2 _aA merry-go-round of repairs
260 _c2003
490 0 _aEstates Gazette
_v(0330) 26 July 2003, 143(1)
520 _aDiscusses the verdict in the recent case of "Landmaster Properties Ltd v Thackeray Property Services" [2003] EWHC 959. Explains that the issue that arrose here concerned the date at which a landlord has to prove one of the statutory grounds in the Leasehold Property (Repairs) Act 1938 which restricts the remedies available to a landlord during the currency of a lease. In the Landmaster Case, the application to leave was made on 12 February 2001 after a section 146 notice was served in December 2000. The hearing of the landlords application took place in September 2002: the tenant argued that this should be the date that the repair matter should be judged as at the date of the hearing. The trial judge held the relevant date was the date of the application for leave. At the appeal, J. Cox held that the trial judge had been wrong and that the 1938 act dictated that the hearing date was the relevant date.
590 _aWB
650 2 4 _aLANDMASTER PROPERTIES LTD V THACKERAY PROPERTY SERVICES
650 2 4 _aLEASEHOLD REPAIRS ACT 1938
690 _aPROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-DILAPIDATIONS
942 _n0
999 _c73142
_d73142