Pattrick & Anor v Marley Estates Management

Pattrick & Anor v Marley Estates Management

The Company is liable to maintain, repair, decorate and renew the main structure of the Chapel Cloisters, and to decorate the windows pursuant to clause 6(f) of the lease, but not to repair the windows under clause 6(d)(i). The Lessees are responsible for window repairs. The gate did not interfere with any right of way vested in the Company. The Company's costs of the proceedings are not to be recovered from the Lessees through service charges.

Parties
Appellant: Pattrick & Anr; Respondent: Marley Estates Management Ltd
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Repairing Obligations, Service Charges, Easements, Estoppel by Convention, Interpretation of Leases
Landlord and Tenant Property Law Repairing Obligations Service Charges Easements Estoppel by Convention Interpretation of Leases

Case Brief

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Parties

Pattrick & Anr

Appellant

Marley Estates Management Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Company or the Lessees are liable to repair and/or decorate the Chapel Cloisters and windows under the lease
  2. 2 Whether the Lessees substantially interfered with a right of way by erecting a gate
  3. 3 Whether estoppel by convention applies regarding liability for window repairs

Ratio Decidendi

The Company is liable to maintain, repair, decorate and renew the main structure of the Chapel Cloisters, and to decorate the windows pursuant to clause 6(f) of the lease, but not to repair the windows under clause 6(d)(i). The Lessees are responsible for window repairs. The gate did not interfere with any right of way vested in the Company. The Company's costs of the proceedings are not to be recovered from the Lessees through service charges.

Court Disposition

Appeal allowed

Orders

  • Set aside paragraphs 1, 2(a), (b), (c), and 3 of the judge's order
  • Declare the Company liable to maintain, repair, decorate and renew the main structure of the Chapel Cloisters