Cases - Sun Alliance and London Assurance Co Ltd v British Railways Board

Record details

Name

Sun Alliance and London Assurance Co Ltd v British Railways Board

Date

(1989)

Citation

2 EGLR 237, ChD

Keywords

Commercial property - landlord and tenant – service charge – terms of lease – tenant to contribute towards cost of window cleaning - tenant to contribute towards the “cost of providing such other services as the lessor shall consider ought properly and reasonably to be provided for the benefit of the building” – installation of a modern facility to assist window cleaning - whether the landlords had “properly and reasonably” considered that the installation of the new facility was for the benefit of the building

Summary

The tenant was liable to contribute to the cost of window cleaning. The landlord replaced a 'ramshackle' arrangement for gaining access to the windows with a modern automated system requiring additional works to strengthen the roof.

The tenant covenanted to contribute towards 'the cost of providing such other services as the lessor shall consider ought properly and reasonably to be provided for the benefit of the building, or for the proper maintenance and servicing of any part or parts thereof'. It was held that the landlords had 'properly and reasonably' considered that the improved window-cleaning service was one that ought to be provided for the benefit of the building and its proper maintenance and servicing. Notwithstanding the fairly heavy capital cost involved in the new installation, the landlords were entitled to recover the costs of the new installation.