Cases - Lurcott v Wakely & Wheeler

Record details

Name

Lurcott v Wakely & Wheeler

Date

[1911]; [1911-13]; [1911]; [1911]

Citation

1 KB 905; All ER Rep 41; 104 LT 290; 55 Sol Jo 290

Keywords

Dilapidations case law

Summary

The case concerned a very old house. Major work was undertaken to one wall and, in due course, it was taken down and a new, better supported wall erected. While the first element of the work did not involve complete replacement of the wall, the question as to the status of the complete replacement that came about following the second phase of the work had to be addressed:

'When it has got its new wall it will not be a new house; it will be the old house put into repair in the sense that there has been renewed or replaced a worn-out subordinate part of the whole.'

The case also assists in understanding the effect of modern building practice and law on the issue of remedying defects. The court concluded that it was within the covenant to rebuild according to the requirements of the county council.

However, the effect of compliance with modern building practice and law could mean that work otherwise required could be taken out of the ambit of the covenant to repair.