Repairing covenants and the extent of the demised premises | Practical Law

Repairing covenants and the extent of the demised premises | Practical Law

Jacey Property Co Ltd v de Sousa, 28 February 2003 (Court of Appeal, Civil Division).

Repairing covenants and the extent of the demised premises

Practical Law UK Legal Update Case Report 6-107-0715 (Approx. 3 pages)

Repairing covenants and the extent of the demised premises

Law stated as at 10 Mar 2003England, Wales
Jacey Property Co Ltd v de Sousa, 28 February 2003 (Court of Appeal, Civil Division).
A court will not re-write a lease to fill a gap between a landlord's and a tenant's repairing covenants. In this case, the tenant's counterclaim for damages for losses incurred before the landlord carried out repairs to the drains failed because the landlord's repairing covenant did not extend to the drains, even though the landlord could recover the costs of those repairs under the service charge.