The tenant occupied the property as his residence under a long lease. The landlord failed in his duty to repair the property, and the tenant was awarded damages for having to vacate the property. The landlord appealed the quantum of damages awarded.
Held: The appeal succeeded. The court was entitled to take into account the rental value of the property when assessing the damages to be awarded for the distress discomfort and inconvenience resulting from the landlord’s failure.
Judges:
Cranwath LJ, Moses LJ
Citations:
Times 15-Nov-2006, [2006] EWCA Civ 1090
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Earle v Charalambous CA 28-Jul-2006
Calculation of damages for breach of covenant to repair by landlord. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Damages
Updated: 07 July 2022; Ref: scu.245345