Deajan Properties Ltd v Campbell [2011] EWHC 3741 (Ch) (01 November 2011)

Deajan Properties Ltd v Campbell [2011] EWHC 3741 (Ch) (01 November 2011)

Clause 3(3) of the lease, though referring to 'the premises', must be construed as referring to 'the house' because it is clear that a mistake was made in the language, and a reasonable person would understand the parties intended the landlord's repairing covenant and the tenant's contribution to apply to the whole house, not just the maisonette.

Citation
[2011] EWHC 3741 (Ch)
Parties
Claimant: Deajan Properties Limited; Defendant: Campbell
Jurisdiction
England and Wales
Judgment Date
01 November 2011
Procedural Posture
Lease Construction Dispute / Judgment After Trial
Outcome
Declaration granted in favour of the claimant
Legal Topics
Lease Interpretation, Correction of Mistakes by Construction, Repairing Covenants, Proportionate Contributions
Property Law Landlord and Tenant Lease Interpretation Correction of Mistakes by Construction Repairing Covenants Proportionate Contributions

Case Brief

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Parties

Deajan Properties Limited

Claimant

Campbell

Defendant

Procedural Posture

Lease Construction Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether clause 3(3) of the lease, referring to 'the premises', should be construed as referring to 'the house' for the purposes of the landlord's repairing covenant and the tenant's obligation to contribute to costs

Ratio Decidendi

Clause 3(3) of the lease, though referring to 'the premises', must be construed as referring to 'the house' because it is clear that a mistake was made in the language, and a reasonable person would understand the parties intended the landlord's repairing covenant and the tenant's contribution to apply to the whole house, not just the maisonette.

Court Disposition

Declaration granted in favour of the claimant

Orders

  • Clause 3(3) is to be construed as referring to the house, not just the maisonette, for the purposes of the landlord's repairing covenant and the tenant's obligation to contribute to costs.