Cases - Cockburn v Smith
Record details
- Name
- Cockburn v Smith
- Date
- [1924]
- Citation
- 2 KB 119
- Legislation
- Keywords
- Commercial property - property management - dilapidations - multi-let property - tenant - roof - Dilapidations case law
- Summary
-
Where it is unclear whether or not the roof is demised, in the case of multi-let property, where the lease was of a top-floor flat and there were other flats in the property including another on the top floor, the roof was held not to be included in the demise to the tenant.
The landlord retained the roof and gutters of a property in which a flat was let to the tenant. Although there were no express repairing obligations on the landlord in respect of the roof and guttering, when damp affected the flat as a result of defects in them, the landlord was held responsible.