Weekly review: 13th – 17th February 2012

Deed of Mutual Covenant

The usual rules of construction apply to a Deed of Mutual Covenant (Thorogood Estates Ltd v Robinson Heights (IO)).

Leases: repair

The fact that the demised premises have deteriorated due to age or the elements does not mean that the work required to put right the deterioration falls outside the repairing covenant. It is still repair if the work to be done concerns a subsidiary part of the whole and does not amount to renewal of the whole or substantially the whole of the demised premises (Lurcott v Wakely and Wheeler).

A covenant to repair a building is a covenant to do what is needful and necessary for the maintenance of the structure so that it may be expected to last for its normal life. The standard does not fluctuate according to the character of the neighbourhood (a covenant to keep something ‘tenantable’ may be different in this respect) (Anstruther Gough Calthorpe v McOscar).

Pallant v Morgan equity

Equity is unlikely to assist where the relief claimed would amount to a variation of a concluded contract; this is even more reasonable where there is not one contract but a complex web of contracts. The necessary arrangement or understanding must be present (Kilcarne Holdings Ltd v Targetfellow (Birminghan) Ltd). 

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