Atherton and others v M B Freeholds Ltd

Landlord and tenant – Covenant. Despite the appellant tenants having obtained insurance cover for their own flats, including structural parts of the buildings which enclosed them, the respondent landlord had been entitled to obtain insurance for the same structure at the tenants' expense as per the terms of the respective leases. The Upper Tribunal (Lands Chamber), in allowing the tenants' appeal, however, held that in circumstances where the landlord had procured insurance which did not correspond with the relevant clause in the lease, the landlord was not entitled to recoup the cost from the tenants.

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