Kaur v Gill: CA 15 Jun 1995

A landlord could be liable for for orders for damages both for a common law breach of quiet enjoyment under the lease and for the loss of occupation under the 1988 Act. The case of Mason was distinguished because on the basis that the common law damages were awarded here not for the loss of occupation, but for the breach of the covenant for quiet enjoyment.


Auld LJ, Nourse LJ, Kennedy Lj


Times 15-Jun-1995


Housing Act 1988 27 28


England and Wales


CitedMason v Nwokorie CA 19-Oct-1993
General and aggravated damages at common law are to be set off, against damages awarded under Housing Act 1988 s2. The general damages were attributable to the loss of the right to occupy the premises, and therefore the common law damages award . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 January 2023; Ref: scu.82685