Cases - HRD Billson and others v Tristem

Record details

Name
HRD Billson and others v Tristem
Date
(2000)
Citation
L&TR 220, CA
Legislation
Keywords
Landlord and tenant – lease – contribution – lease containing a covenant for the tenant to pay 20% of the costs associated with maintaining the common parts – whether the tenant was obliged to pay 20% of the costs associated with maintaining the main entrance even though access to the tenant’s flat was by a separate entrance
Summary

A tenant of a basement flat of a property divided into five flats covenanted to pay 20% of the costs of maintaining entrances, passages, landings and staircases 'enjoyed or used by the lessee in common'. The tenant was held to be liable for payment of a proportion of the costs of maintaining the main entrance even though access to the basement flat was by way of separate entrance and the tenant did not have the right to use the main entrance. In this case, whilst the wording of the lease was inappropriate, it was no coincidence that the percentage was specified as 20% per flat.