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

Plaintiff headlessor sought to recover the costs of repairs to the demised premises from the subtenant under covenants in an underlease between the subtenant and the tenant to permit “the superior landlords” to execute the repairs and to demand reimbursement for the costs of the works.

Court denied Plaintiff’s claim since although the underlease expressly referred to the Plaintiff's predecessor in title as a person for whose benefit the repairing covenants were given, the covenants were not made with the superior landlords; and that, accordingly, neither the Plaintiff's predecessor in title nor the plaintiff could enforce the covenants directly against the subtenant.

Neuberger J reached this decision on the basis of Beswick v Beswick. However the 1999 Act (below) has changed the situation.