Cases - Holding & Management Ltd v Property Holding & Investment Trust plc
Record details
- Name
- Holding & Management Ltd v Property Holding & Investment Trust plc
- Date
- [1990]; [1988]
- Citation
- 2 All ER 702; 50 EG 45, Ch D
- Legislation
- Keywords
- Commercial property - property management - dilapidations - repairs
- Summary
-
In greater detail than in Brew Bros, the court held that the proper approach was as follows:
'Thus the exercise involves considering the context in which the word “repair” appears in a particular lease and also the defect and remedial works proposed. Accordingly, the circumstances to be taken into account in a particular case under one or other of these heads will include some or all of the following: the nature of the property, the terms of the lease, the state of the property at the date of the lease, the nature and extent of the defect sought to be remedied, the nature, extent, and cost of the proposed remedial works, at whose expense the proposed remedial works are to be done, the value of the property and its expected lifespan, the effect of the works on such value and lifespan, current building practice, the likelihood of a recurrence if one remedy rather than another is adopted, the comparative cost of alternative remedial works and their impact on the use and enjoyment of the property by the occupants. The weight to be attached to these circumstances will vary from case to case.'
'This is not a comprehensive list. In some cases there will be other matters properly to be taken into account. For example, as in the present case, where a design or construction fault has led to part of the property falling into a state of disrepair, and the proposed remedial works extend to other parts of the property, an important consideration will be the likelihood of similar disrepair arising in the other parts of the property if remedial work is not undertaken there also, and how soon such further disrepair is likely to arise.'