Cases - Bandar Property Holdings v J S Darwen (Successors) Ltd

Record details

Name

Bandar Property Holdings v J S Darwen (Successors) Ltd

Date

[1968]

Citation

2 AII ER 5, QBD

Legislation

Commonhold and Leasehold Reform Act 2002

Keywords

Commercial property – landlord and tenant – terms of lease – insurance – implied term – whether a term could be implied into the lease precluding the lessor from imposing an unnecessarily heavy burden on the tenants for the insurance premium

Summary

A landlord covenanted to insure premises against specified risks 'in some insurance office of repute'. The tenants obtained a lesser quotation for identical insurance to that effected by the landlord. The court held that a term obliging the landlord to place the insurance so as not to impose an unnecessarily heavy burden on the tenants could not be implied.