Cases - Goldmile Properties Ltd v Speiro Lechouritis
Record details
- Name
- Goldmile Properties Ltd v Speiro Lechouritis
- Date
- [2003]; [2003]
- Citation
- EWCA Civ 49; 15 EG 143, CA
- Legislation
- Keywords
- Commercial property - property management - dilapidations - landlord and tenant - obligation to repair
- Summary
-
Even though a landlord may have an obligation to carry out work to the property which could be enforced by the tenant if the landlord failed to meet it, the landlord will also have given a covenant to the tenant that it may quietly enjoy the property demised. Although there is a tension between the two obligations, the court held that they were not incompatible and that while the landlord had to carry out its works, it had to take all reasonable steps to ensure that the tenant was not unduly disturbed. This will be relevant whether the landlord has an obligation to repair or an entitlement to enter the property to carry out work that the tenant ought to have done.