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 should be set off against the statutory award for the same loss.
Judges:
Dillon LJ
Citations:
Gazette 17-Nov-1993, Times 19-Oct-1993, (1994) 26 HLR 60
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Damages
Updated: 26 October 2022; Ref: scu.83464