Cases - Latimer v Carney & ors

Record details

Latimer v Carney & ors
EWCA Civ 1417
Commercial property - property management - dilapidations - breach of the covenant to repair

In this case, the lease had come to an end and the repairing covenant referred to ‘decorative repair’ in addition to there being a separate covenant for periodic decoration. The court held that one should treat a failure to repair the decorative state of the premises as a breach of the covenant to repair for the purpose of section 18(1), even if that failure also constituted a breach of a covenant for periodic decoration in the same lease. It is not clear to what extent the court was influenced by the use of the words, ‘decorative repair’ in making its decision on this point. As things stand, however, it would seem that the view held by many for some time, that section 18(1) does not apply to the covenant for periodic decoration in a terminal dilapidations damages claim, is no longer tenable.a