Amsprop Trading Ltd v Harris Distribution Ltd [1997] 1 WLR 1025

Written By Nicolas Heyes

Court: Chancery Division

Basic Facts: The superior landlord carried out repairs and sought to charge the subtenant for the cost, invoking section 56 of the Law of Property Act 1925.

Issue: Whether a subtenant can be charged for repairs made by the superior landlord under s.56 of the Law of Property Act 1925.

Held: The court ruled that a break clause in a lease could only be exercised strictly according to the terms of the contract, and any deviation could invalidate the notice.

  • (Neuberger J):

    • S.56 Interpretation: Only those directly named or clearly intended to benefit can claim under a covenant. The third-party beneficiary must be explicitly within the agreement.

Nicolas Heyes
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