02 November 2012
Re Teathers Ltd; Baroque Investments Ltd v Heis and another [2012] EWHC 2886 (Ch), [2012] All ER (D) 203 (Oct)
Section 18(1) of the Landlord and Tenant Act 1927 Act imposed a limit on what might be recovered to “the amount (if any) by which the value of the reversion is diminished owing to the breach of” the covenant to keep the demised property in repair. Further, the ascertainment of that amount necessarily required the valuation of the reversion to the property in its actual state and in its repaired state. Furthermore, a valuation of the reversion necessarily assumed that a purchaser would take it subject to the lease with the benefit and burden of all the covenants and other stipulations it contained for the remainder of the term.
