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ARTICLE · 04 JUNE 2015

When Can Repair In A Lease Include Demolition And Redevelopment?

MacRoberts
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The case of Malin and Others v Crown Aerosols UK Limited concerned a lease of an industrial building constructed in 1972.

United KingdomReal Estate and Construction
Julie Hamilton
Julie Hamilton
Gillian Craig
Gillian Craig
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Background

The case of Malin and Others v Crown Aerosols UK Limited concerned a lease of an industrial building constructed in 1972. The building still exists but has deteriorated significantly and has been lying empty since 2011.

The tenant contended that the building was beyond economic repair. They proposed demolition and re-development of the site rather than repair and maintenance.

The landlords raised proceedings in the Court of Session seeking interdict against the tenant to prevent it from demolishing the building. The landlord claimed that the deterioration had been caused by the tenant's failure to comply with its repair and maintenance obligations under the lease.

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