King, Re [1963] EWCA Civ 1 (04 February 1963)

King, Re [1963] EWCA Civ 1 (04 February 1963)

After assignment of the reversion, the assignor cannot sue the lessee for breaches of covenant to repair or reinstate, even if the breaches occurred before assignment; only the assignee can sue. Insurance moneys, where reinstatement is impossible, are to be divided between landlord and tenant according to their respective interests.

Citation
[1963] EWCA Civ 1
Parties
Original Lessor / Claimant / Appellant: Mr Edward Graves Tagg; Original Lessee: Mrs Elven; Lessee / Sub Lessor: Mr Richard Henry Francis Ling; Lessee (at Time of Fire, Deceased): Mr King; Defendants / Respondents: Executors of Mr King; Assignee / Purchaser / Interested Party: London County Council
Jurisdiction
England and Wales
Judgment Date
04 February 1963
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claims by Mr Tagg dismissed; insurance moneys to be divided according to interests.
Legal Topics
Assignment of Reversion, Covenants to Repair, Covenants to Reinstate, Insurance Proceeds, Compulsory Purchase, Damages for Breach of Covenant
Property Law Landlord and Tenant Law Insurance Law Assignment of Reversion Covenants to Repair Covenants to Reinstate Insurance Proceeds Compulsory Purchase +1 more

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Parties

Mr Edward Graves Tagg

Original Lessor / Claimant / Appellant

Mrs Elven

Original Lessee

Mr Richard Henry Francis Ling

Lessee / Sub Lessor

Mr King

Lessee (at Time of Fire, Deceased)

Executors of Mr King

Defendants / Respondents

London County Council

Assignee / Purchaser / Interested Party

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an assignor of a reversion can sue a lessee for breaches of covenant to repair or reinstate committed before assignment.
  2. 2 Entitlement to insurance moneys where reinstatement becomes impossible.

Ratio Decidendi

After assignment of the reversion, the assignor cannot sue the lessee for breaches of covenant to repair or reinstate, even if the breaches occurred before assignment; only the assignee can sue. Insurance moneys, where reinstatement is impossible, are to be divided between landlord and tenant according to their respective interests.

Court Disposition

Appeal allowed; claims by Mr Tagg dismissed; insurance moneys to be divided according to interests.

Orders

  • Mr Tagg's claim for damages against Mr King's executors dismissed.
  • Declaration that only the assignee (London County Council) can sue for breaches of covenant to repair or reinstate.