The tenant claimed that the landlord had failed in its obligations of repair undertaken in the lease.
Held: Where the landlord was in default, a tenant may have a right to undertake the repairs itself, recovering the costs.
Jenkins LJ cited propositions of law, including: ‘In the event of the landlord failing to do the requisite repairs within a reasonable time after notice, the tenant is entitled to sue him in damages without first incurring expense by doing the repairs himself (Hewitt v. Rowlands (1924) 131 L.T. 757) . . The covenant is clearly not specifically enforceable, but I apprehend that, in the event of the landlord failing to do the repairs in a reasonable time, the tenant can, at his option, do the requisite repairs himself and claim the proper cost of so doing as damages flowing from the breach. ‘
Judges:
Jenkins, Romer, Ormerod LJJ
Citations:
[1959] EWCA Civ 3, [1959] Ch 592, [1959] 1 WLR 570, [1959] 2 All ER 176
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Manolete Partners Plc v Hastings Borough Council TCC 12-Apr-2013
Application for compensation under s.106 of the Building Act 1984 for compensation as a result of the Council exercising its powers to prevent access to Hastings Pier under s.78 of the 1984 Act.
Held: The court rejected the defence, holding . .
Cited – Hastings Borough Council v Manolete Partners Plc SC 27-Jul-2016
The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 05 June 2022; Ref: scu.262819