| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 125 (Apr) |
| Neutral Citation: | [2004] EWCA Civ 434 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Keene and Wall LJJ |
| Representation | The claimant appeared in person. |
| Robert Bowker (instructed by Marsons) for the defendant. | |
| Judgment Dates: | 7 April 2004 |
Catchwords
Landlord and tenant - Covenant - Covenant to repair - Breach - Breach by landlord - Assessment of damages - Secure tenancy - s 11.
The Case
Where an award of damages for stress and inconvenience arising from a landlord's breach of the implied covenant to repair, made pursuant to s11 of the was to exceed the level of the rent payable, clear reasons needed to be given by the judge for taking that course, and, furthermore, on the facts of the case the conduct of the landlord must have warranted such an award.
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