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Goldmile Properties Ltd v Lechouritis [2003] EWCA Civ 49

Landlord carried out repairs to outside of building - Tenant carrying on restaurant business claimed for loss of profit as result of disruption - Landlord taking all reasonable care did not breach covenant for quiet enjoyment - Landlord not required to take all possible precautions - Competing covenants to be interpreted and applied so as to give effect to both if possible

7 February 2003

The claimant ran a restaurant business in premises leased under a business tenancy. The lease contained a covenant for quiet enjoyment in favour of the tenant and a covenant by the landlord to repair the parts of the building which were not the responsibility of the tenant. In 1997 the landlord brought in contractors to clean the external walls and windows of the building and to repair the seals between the frames and the walls. The work was completed within six months but required scaffolding and sheeting to be fixed to the outside of the building. The tenant’s restaurant business was seriously disrupted and the tenant made a claim against the landlord for loss of profit. The district judge found for the landlord on the basis that it was necessarily carrying out the repairing obligation under the lease and that it took all reasonable steps to minimise the potential risks so that there was no breach of the covenant for quiet enjoyment. On the claimant’s appeal the circuit judge rev...

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