The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might in fact remedy the breaches before the end of the tenancy. The tenant appealed.
Held: Since the tenant might decide to repair himself during the term and there was no evidence before the trial judge of the Court of Appeal that the landlord intended to carry out any works of repair at all, the costs of the repairs might be regarded as being a starting point. The court discounted these for the uncertainties as to whether the work would be done. The diminution in the value of a reversion for a tenant’s failure to repair is not represented by the undiscounted cost of repair where the tenancy’s duration is not uncertain. The court gave guidance on what the court should do in the circumstances where the evidential material as to loss is less than ideal.
Judges:
Lord Woolf MR, Millett and Robert Walker LJJ
Citations:
Times 02-Jan-1998, [1997] EWCA Civ 2872, [1998] 35 EG 81
Statutes:
Agricultural Holdings Act 1986, Landlord and Tenant Act 1927 18(1)
Jurisdiction:
England and Wales
Citing:
Cited – Bonham-Carter v Hyde Park Hotel 1948
A party claiming damage for breach of a covenant to repair in a lease must prove that damage. . .
Cited by:
Cited – Latimer and Another v Carney and others CA 27-Oct-2006
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.
Cited – Latimer and Another v Carney and others CA 27-Oct-2006
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.
Lists of cited by and citing cases may be incomplete.
Agriculture, Landlord and Tenant, Damages
Updated: 11 November 2022; Ref: scu.79627
