Cases - Agricullo Ltd v Yorkshire Housing Ltd

Record details

Name

Agricullo Ltd v Yorkshire Housing Ltd

Date

[2010]

Citation

EWCA Civ 229

Legislation

• Law of Property Act 1925 section 146 
• Leasehold Property (Repairs) Act 1938.

Keywords

Dilapidations case law

Summary

The lease provided that

'the tenant shall pay to the landlord, on demand and on an indemnity basis, the fees, costs and expenses charged, incurred or payable by the landlord, and its advisers, in connection with any steps taken in or in contemplation of, or in relation to, any proceedings under the Law of Property Act 1925 section 146 or the Leasehold Property (Repairs) Act 1938'.

On the construction of the clause, the costs of pursuing a tenant to undertake repairs by correspondence through solicitors and instructing surveyors to supervise and report on the works carried out, were not attributable to steps taken ‘in or in contemplation of, or in relation to, any proceedings under the Law of Property Act 1925 section 146’ and were therefore not recoverable costs within the clause.