Jiminez v. Morrissey & Ors [2005] IEHC 252 (18 July 2005)

Jiminez v. Morrissey & Ors [2005] IEHC 252 (18 July 2005)

The first named defendant is liable to the plaintiff under Clause 5.4 of the lease of 11 December 1993 for the disrepair of the roof, as the covenant to repair applies regardless of the roof not being demised. The plaintiff failed to demonstrate a breach of quiet enjoyment and is not entitled to its benefit due to default in paying service charges.

Citation
[2005] IEHC 252
Parties
Plaintiff: Manuel Jiminez; Defendant: Daniel Morrissey; Defendant: Patrick J. McGrath; Defendant: Mary McGrath; Defendant: Thomas McGrath
Jurisdiction
Ireland
Judgment Date
18 July 2005
Procedural Posture
Civil / Judgment
Outcome
first defendant liable for roof repair; no breach of quiet enjoyment established
Legal Topics
Lease Covenants, Repair Obligations, Quiet Enjoyment
Property Law Landlord and Tenant Lease Covenants Repair Obligations Quiet Enjoyment

Case Brief

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Parties

Manuel Jiminez

Plaintiff

Daniel Morrissey

Defendant

Patrick J. McGrath

Defendant

Mary McGrath

Defendant

Thomas McGrath

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants are liable for repair of the flat roof and prevention of the leak
  2. 2 Whether the plaintiff is entitled to damages or specific performance under the lease covenants
  3. 3 Whether there has been a breach of the covenant for quiet and peaceful enjoyment

Ratio Decidendi

The first named defendant is liable to the plaintiff under Clause 5.4 of the lease of 11 December 1993 for the disrepair of the roof, as the covenant to repair applies regardless of the roof not being demised. The plaintiff failed to demonstrate a breach of quiet enjoyment and is not entitled to its benefit due to default in paying service charges.

Court Disposition

first defendant liable for roof repair; no breach of quiet enjoyment established

Orders

  • First defendant liable to plaintiff for roof disrepair under Clause 5.4 of lease
  • Plaintiff not entitled to benefit of quiet enjoyment clause due to default in service charges