Plymouth Community Homes Limited v Crisplane Limited

Plymouth Community Homes Limited v Crisplane Limited

The lessee is not liable to contribute to the cost of roof repairs because the lease expressly excludes the roof from the service charge liability, and the statutory implied repairing covenant does not impose a corresponding payment obligation on the lessee. The parties' express agreement as to service charge liability prevails, and general words in the lease do not override specific exclusions.

Parties
Applicant/appellant: Plymouth Community Homes Limited; Respondent: Crisplane Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Service Charges, Repairing Obligations, Statutory Implied Covenants, Lease Construction, Right to Buy Legislation
Property Law Landlord and Tenant Law Service Charges Repairing Obligations Statutory Implied Covenants Lease Construction Right to Buy Legislation

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Parties

Plymouth Community Homes Limited

Applicant/appellant

Crisplane Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the lessee is obliged to contribute by way of service charge to the costs incurred by the lessor in repairing the roofs of two properties under the terms of the leases and relevant statutory provisions.

Ratio Decidendi

The lessee is not liable to contribute to the cost of roof repairs because the lease expressly excludes the roof from the service charge liability, and the statutory implied repairing covenant does not impose a corresponding payment obligation on the lessee. The parties' express agreement as to service charge liability prevails, and general words in the lease do not override specific exclusions.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.