Cases - Pembery v Lamdin
Record details
- Name
- Pembery v Lamdin
- Date
- [1940]
- Citation
- 2 AII ER 434
- Legislation
- Keywords
- Dilapidations case law
- Summary
-
An obligation to repair will not require the covenantor to carry out work the effect of which would be to create something different from that demised. The tenant required the landlord to carry out work that would give her waterproof protection in the cellar that would then be dry (it did not have such protection and was not dry). The court held that was not something on which the tenant could insist because the obligation on the landlord was to repair what was demised and not to give the tenant something that was not demised (i.e. a dry cellar). As it was an old property, the landlord was not liable to do any more than point the brickwork.