Repairing covenant and defects present from the date of construction

In Post Office v Aquarius Properties  Ltd ([1987] 1 All ER 1055, CA (Eng)) a building was defective because of the type of concrete and joints used in construction. These had not deteriorated nor had this defect caused any damage to the building. The English Court of Appeal, referring to Quick v Taff-Ely BC  held that the tenant’s repairing covenant did not require it to put right problems that had been present from the time of construction and that had not got worse nor caused any damage. The idea of repair requires some kind of deterioration. Slade LJ expressly left open the possibility of an action for breach of covenant should the defective state of the building later cause damage.

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