Cases - Barrett v Lounova (1982) Ltd

Record details

Name

Barrett v Lounova (1982) Ltd

Date

[1990]

Citation

1 QB 248

Legislation

Landlord and Tenant Act 1985

Keywords

Dilapidations case law

Summary

An obligation on the landlord to repair the outside of property could be implied into a tenancy agreement where it was necessary to do so to give business efficacy to the agreement. Accordingly, where a tenancy agreement contained an express covenant by the tenant to keep the inside of the property in repair but was silent as to any obligation to repair the outside, and the tenant's covenant was intended to be enforceable throughout the tenancy and could not be properly performed unless the outside was kept in repair, an obligation by the landlord to repair the outside, correlative to the tenant's obligation to repair the inside, could be implied in order to give business efficacy to the agreement. In the circumstances of the case, such a term would be implied.