Brikom Investment v Carr
Long leases of flats provided that the tenant
should pay contributions in respect of certain expenses incurred by the
landlord on repairs. During the negotiations leading to the execution of the
lease, the landlords had promised to put the roof into repair “at own cost”. It was held that the
amount to a collateral contract with one of the original tenants, precluding
landlords from enforcing against her the promisor in the lease requiring her to
contribute to the cost of the roof repairs