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Landlord and tenant – Breach of covenant to provide service. In considering whether the landlords had acted in breach of covenant under a lease in failing to remove a heap of rubble from an industrial estate, the Court of Appeal, Civil Division, held that the judge had erred in rejecting the claim on the sole basis that the tenant had known about the rubble when it had taken the lease. Nevertheless, the tenant's appeal was dismissed on the grounds that the clause relating to services under the lease could not have been construed as requiring the landlords to remove the rubble heap on the grounds that to do so would have improved the appearance of the estate.
Landlord and tenant – Breach of covenant to provide service. In considering whether the landlords had acted in breach of covenant under a lease in failing to remove a heap of rubble from an industrial estate, the Court of Appeal, Civil Division, held that the judge had erred in rejecting the claim on the sole basis that the tenant had known about the rubble when it had taken the lease. Nevertheless, the tenant's appeal was dismissed on the grounds that the clause relating to services under the lease could not have been construed as requiring the landlords to remove the rubble heap on the grounds that to do so would have improved the appearance of the estate.
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