Delgable Ltd v Perinpanathan [2005] EWCA Civ 1724 (14 December 2005)

Delgable Ltd v Perinpanathan [2005] EWCA Civ 1724 (14 December 2005)

The roof was not included in the demise under the sub-lease; the intermediate tenant remained liable to repair it under the head lease but was entitled to a contribution from the sub-tenant under paragraph 1.4 of the Third Schedule.

Citation
[2005] EWCA Civ 1724
Parties
Claimant/respondent: Delgable Limited; Defendant/appellant: Amara Perinpanathan
Jurisdiction
England and Wales
Judgment Date
14 December 2005
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Lease Interpretation, Repair Obligations, Contribution to Repair Costs
Property Law Landlord and Tenant Lease Interpretation Repair Obligations Contribution to Repair Costs

Case Brief

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Parties

Delgable Limited

Claimant/respondent

Amara Perinpanathan

Defendant/appellant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the sub-lease included the roof of 153 Praed Street
  2. 2 Obligation to repair the roof under the sub-lease
  3. 3 Entitlement to contribution for roof repairs

Ratio Decidendi

The roof was not included in the demise under the sub-lease; the intermediate tenant remained liable to repair it under the head lease but was entitled to a contribution from the sub-tenant under paragraph 1.4 of the Third Schedule.

Court Disposition

Appeal dismissed

Orders

  • Costs assessed at £7,250 inclusive of VAT to be paid within 14 days