Cases - Irvine v Moran

Record details

Name

Irvine v Moran

Date

[1991]

Citation

1 EGLR 261

Keywords

Commercial property - property management - dilapidations - obligation to decorate

Summary

The question in this case was: Did an implied obligation to keep the structure and exterior of a residential property include an obligation to decorate?

• Yes, in relation to the exterior because that would involve a ‘degree of protection against the elements and against the processes of rot and the like’.
• No, in relation to the purely decorative interior unless work was necessary to fulfil the obligation to repair.

(Part of Irvine v Moran has been overruled by Grand v Gill [2011], but not in relation to the items summarised here).