A recent judgment has reinforced the importance of carefully considering the terms of a lease of part regarding the landlord’s repair and insurance obligations.

In Stonecrest Marble Ltd v Shepherds Bush Housing Association Ltd (2021), the tenant’s property was damaged by water ingress from another part of the property which remained under the landlord’s control. The damage, caused by a blocked downpipe, was significant and rendered the tenant’s property unusable.

• Under the terms of the lease the landlord was required to:
• Allow the tenant quiet enjoyment of the property;
• Clean, maintain and repair the common parts; and
• Insure against the “insured risks” which included “flood…and overflowing of water…apparatus”

The landlord was not required to carry out any repair which the landlord was not obliged to insure. Gradual deterioration or wear and tear was excluded from the landlord’s insurance policy, therefore the blocked downpipe was not an “insured risk”. However, the tenant argued that the landlord’s failure to remedy the blocked downpipe constituted a breach of the covenant for quiet enjoyment.

The judge found that the lease was a detailed, professionally drafted document which provided a comprehensive scheme of repair and insurance. There was therefore no basis for imposing any liability on the landlord, either under the terms of the lease or in tort.

This case serves as a good reminder that when the courts interpret a lease, they will give it the meaning that the parties intended rather than using hindsight to consider its practical effectiveness and fill in any gaps.