Barrett v Lounova (1982) Ltd [1988] EWCA Civ 9 (22 June 1988)

Barrett v Lounova (1982) Ltd [1988] EWCA Civ 9 (22 June 1988)

A term is to be implied into the tenancy agreement obliging the landlord to keep the exterior in reasonable repair, as this is necessary for business efficacy and to make the tenant's internal repair covenant workable; the landlord is therefore liable for the agreed damages and subject to a mandatory injunction to carry out repairs.

Citation
[1988] EWCA Civ 9
Parties
Plaintiff (respondent): Elsie May Barrett; Defendant (appellant): Lounova (1982) Limited
Jurisdiction
England and Wales
Judgment Date
22 June 1988
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Implied Terms in Tenancy Agreements, Landlord's Repairing Obligations, Defective Premises Act 1972, Injunctions, Damages
Landlord and Tenant Contract Law Implied Terms in Tenancy Agreements Landlord's Repairing Obligations Defective Premises Act 1972 Injunctions Damages

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Parties

Elsie May Barrett

Plaintiff (respondent)

Lounova (1982) Limited

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a term should be implied in the tenancy agreement obliging the landlord to repair the exterior of the premises
  2. 2 Whether the landlord is liable under section 4 of the Defective Premises Act 1972

Ratio Decidendi

A term is to be implied into the tenancy agreement obliging the landlord to keep the exterior in reasonable repair, as this is necessary for business efficacy and to make the tenant's internal repair covenant workable; the landlord is therefore liable for the agreed damages and subject to a mandatory injunction to carry out repairs.

Court Disposition

Appeal dismissed

Orders

  • Injunction to compel landlord to carry out agreed schedule of dilapidations within four months
  • £5,000 to remain in court until order complied with