Property Investments Ltd V Blackhawk Automotive Case Summary
Maintenance
“Maintenance” contemplates taking steps to avoid deterioration of the building and its systems through preventative and corrective measures. Examples of maintenance might include painting, cleaning, servicing and lubricating equipment, clearing drains and gutters, and replacing light bulbs.
Replace
Replace is to put someone or something new in the place or position or put the substitute things instead of the previous one. QUESTION 2(ii)
Infinity & Co had sought our advice as to how it should respond to the major leak on the rooftop and the whole roof needs replacing.
Case Law
The case is refer to Riverside Property Investments Ltd. v Blackhawk Automotive [2004].The landlord, Riverside, claimed £87,500 for replacement of the roof of a light industrial unit, plus £36,200 for fees and costs incurred with the works from the tenant, Blackhawk. The works had been done by the landlord following the surrender of the lease shortly before it would have expired in September 2002. The claim had originally involved many heads, most of which had been compromised or dropped by agreement, but the main issue remained a matter of dispute despite attempts at settlement and mediation.
Stated simply, the landlord claimed that the tenant had delivered up the premises with the roof in a dilapidated condition …show more content…
From the case law, Riverside Property Investments Ltd. v Blackhawk Automotive [2004] there was no evidence that the roof, as handed over to the landlord, had caused the tenant to be in breach of its covenants to repair. The roof had been capable of repair rather than needing to be wholly replaced. The principal claim for £87,500 therefore failed entirely.
Thus, the tenant is only liable to repair the leakage part of the roof but not replace whole
“Maintenance” contemplates taking steps to avoid deterioration of the building and its systems through preventative and corrective measures. Examples of maintenance might include painting, cleaning, servicing and lubricating equipment, clearing drains and gutters, and replacing light bulbs.
Replace
Replace is to put someone or something new in the place or position or put the substitute things instead of the previous one. QUESTION 2(ii)
Infinity & Co had sought our advice as to how it should respond to the major leak on the rooftop and the whole roof needs replacing.
Case Law
The case is refer to Riverside Property Investments Ltd. v Blackhawk Automotive [2004].The landlord, Riverside, claimed £87,500 for replacement of the roof of a light industrial unit, plus £36,200 for fees and costs incurred with the works from the tenant, Blackhawk. The works had been done by the landlord following the surrender of the lease shortly before it would have expired in September 2002. The claim had originally involved many heads, most of which had been compromised or dropped by agreement, but the main issue remained a matter of dispute despite attempts at settlement and mediation.
Stated simply, the landlord claimed that the tenant had delivered up the premises with the roof in a dilapidated condition …show more content…
From the case law, Riverside Property Investments Ltd. v Blackhawk Automotive [2004] there was no evidence that the roof, as handed over to the landlord, had caused the tenant to be in breach of its covenants to repair. The roof had been capable of repair rather than needing to be wholly replaced. The principal claim for £87,500 therefore failed entirely.
Thus, the tenant is only liable to repair the leakage part of the roof but not replace whole