Cases - British Telecommunications plc v Sun Life Assurance Society plc
Record details
- Name
- British Telecommunications plc v Sun Life Assurance Society plc
- Date
- [1996]
- Citation
- Ch 69
- Legislation
- Keywords
- Dilapidations case law
- Summary
-
A bulge developed in the external walls of the property concerned. These were parts of the property not demised to the tenant. The landlord covenanted to perform the obligations of the tenant in a head lease including an obligation to repair the property. The issue was whether the landlord was in breach of the repairing obligation as soon as the problem arose or only once a reasonable period of time had elapsed after its appearance. The court held that the former was the case.
The court noted that there is an exception to the general rule identified (there is an immediate duty to put property into repair) where the defect occurs within an area demised. In that case, the landlord only becomes liable under its covenant when it is in possession of knowledge or information about the defect to the extent that a reasonable landlord would consider whether work was required or not but it fails to carry out necessary work with reasonable haste.