Cases - CIN Properties Ltd v Barclays Bank

Record details

Name
CIN Properties Ltd v Barclays Bank
Date
(1985); [1986]
Citation
277 EG 973; 1 EGLR 59, CA
Legislation
Keywords
Commercial property – landlord and tenant – service charge – terms of lease – condition precedents – whether a provision requiring the landlord to submit estimates to the tenant for approval before placing orders for works was a condition precedent
Summary

An agreement obliged the tenant to pay a proportion of the costs of repairs, subject to the proviso that the landlord would not accept any estimates or place orders for work without first submitting them to the tenant for approval. The landlords placed orders for the carrying out of extensive works without consulting the tenant. The Court of Appeal held that the proviso was an unequivocal condition precedent to the tenant's liability.