Appeal against award of damages for breach by landlord of covenant for quiet enjoyment and under the 1988 Act.
Held: The landlord’s appeal failed. ‘There is no fixed point at which it can be said that breaches of the covenant of quiet enjoyment become so serious as to constitute qualifying conduct for the purposes of s 27. Provided only and always that each of the specified preconditions of liability are found satisfied, then necessarily the claim for statutory damages succeeds. ‘
Citations:
[1999] EWCA Civ 619
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Sampson and Others v Wilson and Others CA 19-Apr-1995
A landlord’s estate management agent was not jointly liable with the Landlord for damages for acts of harassment of the tenant committed by the landlord. . .
Cited – Sampson v Wilson 1994
The court considered the dangers of a double award of damages for a landlord’s breach of his covenant for quiet enjoyment. . .
Cited – Jones and Lee v Miah and Another CA 9-Sep-1992
The landlord should be deemed to have been in possession of the land when calculating damages for unlawful eviction. The measure of damages ‘represents the financial advantage which the landlord has gained . . . and of which it is the purpose of . .
Cited – Tagro v Cafanec CA 1991
In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 30 November 2022; Ref: scu.145534