Delgable Ltd v Perinpanathan

Delgable Ltd v Perinpanathan

The roof was not included in the demise under the sub-lease; responsibility for repair remained with the intermediate tenant, but the sub-tenant was obliged to contribute to the cost under paragraph 1.4 of the sub-lease.

Parties
Claimant/respondent: Delgable Limited; Defendant/appellant: Amara Perinpanathan
Jurisdiction
England and Wales
Judgment Date
14 December 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Repairing Obligations, Construction of Leases, Sub Leases, Contribution to Repair Costs
Landlord and Tenant Law Repairing Obligations Construction of Leases Sub Leases Contribution to Repair Costs

Case Brief

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Parties

Delgable Limited

Claimant/respondent

Amara Perinpanathan

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the underlease included the roof of 153 Praed Street
  2. 2 Which party was responsible for repairing the roof under the lease and sub-lease

Ratio Decidendi

The roof was not included in the demise under the sub-lease; responsibility for repair remained with the intermediate tenant, but the sub-tenant was obliged to contribute to the cost under paragraph 1.4 of the sub-lease.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the agreed sum of £7,250, inclusive of VAT, to be paid within 14 days.