Duke of Westminster v Guild

The court will not imply into a lease an obligation on a landlord to repair a drain on its land used by the tenant, where the lease is a detailed document that does not provide for it.

Citation
[1985] QB 688
Court
Court of Appeal (Civil Division)
Year
1985
Subject
Land Law
Topic
Leasehold covenants and forfeiture

Facts

Mr Guild was the tenant of premises under a lease from the Duke of Westminster. A drain that served the premises ran under the landlord's adjoining land, and it became blocked, causing damage to the tenant's premises. The tenant withheld rent, claiming that the landlord was under an implied obligation to repair the drain.

Legal principle

The Court of Appeal held that there was no implied obligation on the landlord to repair the drain. Slade LJ said that the court will not readily imply terms into a lease that is a detailed, professionally drawn document dealing with the parties' obligations. There was no necessity to imply the term, because the tenant had a right to enter the landlord's land to repair the drain itself. The case was distinguished from Liverpool City Council v Irwin, where the contract was incomplete.

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