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Schedules and notices
This page includes information on the following topics:Alterations - notices to re-instate.
Collateral agreements
PLA Dilapidations protocol
Notice of disrepair (Princes House Ltd)
Alterations - notice to re-instate
Westminster City Council v HSBC Bank plc
[2003] EWHC; [2003] 16 EG 103 (Mr Recorder Black QC, sitting as a High Court Judge).
Facts
Over a number of years alteration works had been carried out to the building pursuant to licences to do those works. Each licence stated that the tenant should re-instate at the end of the term, using words such as "should the landlord require" or "if required by the lessor". At the end of the lease the landlord served a schedule of dilapidations, which contained a requirement to re-instate. The schedule did not refer to the licences. The tenant argued that a reasonable recipient of the schedule of dilapidations might have some doubt as to whether or not the schedule was also a notice under the relevant licences. Was this sufficient notice?
Held
Yes. Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19; [1997] 1 EGLR 57 relied upon."I must .. consider whether the schedule of dilapidations, when property construed, amounts to a requirement t ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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