Adami v Lincoln Grange Management Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 17 December 1997 |
| Date | 17 December 1997 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Butler-Sloss, Lord Justice Hutchison and Sir John Vinelott
Landlord and tenant - structural maintenance of property - no inference that cost should fall on lessor
In the context of a 260-year lease at a nominal ground rent which contained detailed provisions governing the repair of individual properties, the levying of a service charge to meet the costs of maintenance and for insurance to be effected and maintained at the expense of lessees to cover damage for any catastrophe affecting the block as a whole so far as reasonably foreseeable it was impossible to infer an intention that the cost of maintaining the structure of each block should fall on the lessor.
The Court of Appeal so held in dismissing an appeal by the lessee, David Adami, from a decision of Judge Martineau at Central London County Court, that the lessor, Lincoln Garage Management Ltd, was not liable under the terms of the lease to maintain the structure of the block in a proper state of repair.
Mr Paul D J Marshall for the appellants; Mr Nicholas Vineall for the respondent.
SIR JOHN VINELOTT said that the contention that it was an implied term of the lease that the lessor would be liable to make good any damage to the structure of the block whatever might be the cause of damage was simply untenable.
The lease contained an elaborate scheme...
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