Cases - Anstruther-Gough-Calthorpe v McOscar

Record details

Name

Anstruther-Gough-Calthorpe v McOscar

Date

[1924]

Citation

1 KB 716

Keywords

Dilapidations case law

Summary

The tenant contended that regard should be had to the requirements of a reasonably-minded tenant at the end of the term of the lease. A series of conclusions by 1 of the appeal judges warrant repeating:

'The tenant must when necessary restore by reparation or renewal of subsidiary parts the subject matter demised to a condition in which it is reasonably fit for the purposes for which such a subject matter would ordinarily be used. The question in dispute seems to be whether, as the purposes for which such a subject matter is ordinarily used may vary from time to time, the standard of repair is to vary from time to time, or remains as it was when the subject matter was demised ... it was a wholly untenable proposition to say that the depreciation of the neighbourhood ought to lower the amount of damages for breach of a covenant to repair ... I do not think there was any intention of suggesting that a deterioration in the class of tenants would lower the standard of repairs ... An improvement of its tenants or its neighbourhood will not increase the standard of repair, nor will their deterioration lower that standard.'

The court considered that a consideration of the age of the property was the most important factor. An old property is not required to be made new but it can be kept in repair to protect it.