The landlord sought damages at the end of the lease for the tenant’s alleged breach of his repairing obligations. It was disputed as to whether the roof space formed part of the demise, and the tenant argued that the works were unnecessary since the property would be redeveloped.
Held: ‘any purchaser of these premises would purchase with an eye to redevelopment. That means that any purchaser would not need, require or expect a reduction in respect of a large part of the repairs.’ The appeal failed.
Judges:
Mummery LJ, Jacob LJ, Mann J
Citations:
[2007] EWCA Civ 1368
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Craven Builders Ltd v Secretary of State for Health 2000
The court considered the measure of damages for a tenant’s failure to comply with his covenant to repair where the premises did have redevelopment potential but a purchaser would still pay more if the premises were in a good state of repair.
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 12 July 2022; Ref: scu.262941