Jacey Property Company Ltd v de Sousa [2003] EWCA Civ 510 (28 February 2003)

Jacey Property Company Ltd v de Sousa [2003] EWCA Civ 510 (28 February 2003)

The appeal was dismissed because the trial judge's findings on waiver and estoppel were supported by the evidence and not undermined by omissions; the landlord was not entitled to recover a contribution to drain repairs without determination by a surveyor as specified in the lease; the repairing covenant did not extend to common drains; and the judge's construction of the lease and dismissal of the counterclaim were correct.

Citation
[2003] EWCA Civ 510
Parties
Claimant/respondent: Jacey Property Company Limited; Defendant/appellant: Miguel De Sousa; Defendant/appellant: Paula Rosa Pereira De Sousa
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed in part; allowed in part
Legal Topics
Lease Interpretation, Waiver and Estoppel, Repairing Obligations, Mesne Profits, Forfeiture of Lease, Service Charge Apportionment
Landlord and Tenant Property Law Contract Law Lease Interpretation Waiver and Estoppel Repairing Obligations Mesne Profits Forfeiture of Lease +1 more

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Parties

Jacey Property Company Limited

Claimant/respondent

Miguel De Sousa

Defendant/appellant

Paula Rosa Pereira De Sousa

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the landlord waived or was estopped from enforcing the user clause in the lease
  2. 2 Whether the landlord was entitled to recover a contribution to drain repairs without determination by a surveyor as specified in the lease
  3. 3 Whether the landlord's repairing covenant extended to common drains

Ratio Decidendi

The appeal was dismissed because the trial judge's findings on waiver and estoppel were supported by the evidence and not undermined by omissions; the landlord was not entitled to recover a contribution to drain repairs without determination by a surveyor as specified in the lease; the repairing covenant did not extend to common drains; and the judge's construction of the lease and dismissal of the counterclaim were correct.

Court Disposition

Appeal dismissed in part; allowed in part

Orders

  • Appeal dismissed except for the claim for contribution to expenses (£1,113.58 plus related interest), which is set aside.
  • Stay on order for possession removed; possession to be given in 14 days.