Deajan Properties Ltd v Campbell

Deajan Properties Ltd v Campbell

The court found that clause 3(3) of the lease contains a clear mistake and, applying established principles, construed 'the premises' in that clause to mean 'the house' as a whole, as this reflects the parties' intentions and avoids manifestly illogical and impractical results.

Parties
Claimant: Deajan Properties Limited; Defendant: Campbell
Jurisdiction
England and Wales
Judgment Date
01 November 2011
Procedural Posture
Civil (lease Dispute) / Judgment
Outcome
Declaration granted in favour of the claimant (landlord)
Legal Topics
Lease Interpretation, Correction of Mistakes by Construction, Proportionate Contributions to Repairs, Landlord's Covenants
Property Law Landlord and Tenant Lease Interpretation Correction of Mistakes by Construction Proportionate Contributions to Repairs Landlord's Covenants

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Parties

Deajan Properties Limited

Claimant

Campbell

Defendant

Procedural Posture

Civil (lease Dispute) / Judgment

Legal Issues

  1. 1 Whether clause 3(3) of the lease, referring to 'the premises', should be construed as referring to 'the house' as a whole rather than just the maisonette

Ratio Decidendi

The court found that clause 3(3) of the lease contains a clear mistake and, applying established principles, construed 'the premises' in that clause to mean 'the house' as a whole, as this reflects the parties' intentions and avoids manifestly illogical and impractical results.

Court Disposition

Declaration granted in favour of the claimant (landlord)

Orders

  • Clause 3(3) of the lease is to be construed as referring to 'the house' rather than 'the premises' (maisonette)