Lyndendown Ltd v Vitamol Ltd
The existence of the indemnity letter between Pacific and BVP did not adversely affect the value of the reversion. The repairing obligations remained enforceable against Pacific, and any uncertainty created by the letter was, at worst, neutral and did not justify an award of substantial damages to the landlord.
- Parties
- Appellant: Lyndendown Ltd; Respondent: Vitamol Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 06 July 2007
- Procedural Posture
- Civil Appeal / Appeal From County Court on Preliminary Issue
- Outcome
- appeal dismissed
- Legal Topics
- Dilapidations, Repairing Covenants, Valuation of Reversion, Effect of Sub Leases, Landlord and Tenant Act 1954, Landlord and Tenant Act 1927
Case Brief
Summary, issues, holding and outcome
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Parties
Lyndendown Ltd
Appellant
Vitamol Ltd
Respondent
Procedural Posture
Civil Appeal / Appeal From County Court on Preliminary Issue
Legal Issues
- 1 Whether the existence of a private indemnity letter between sub-tenant and head tenant's parent company adversely affected the value of the reversion for the purposes of damages for breach of repairing covenants
- 2 Whether the landlord was entitled to substantial damages for breach of repairing and delivery up covenants
Ratio Decidendi
The existence of the indemnity letter between Pacific and BVP did not adversely affect the value of the reversion. The repairing obligations remained enforceable against Pacific, and any uncertainty created by the letter was, at worst, neutral and did not justify an award of substantial damages to the landlord.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed.
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