Source: All England Reporter
Publisher Citation: [2002] All ER (D) 377 (Jul)
Court: Chancery Division

Nicholas Warren QC sitting as a deputy judge of the High Court

Representation Kevin Farrelly (instructed by Stockler Charity) for the claimant.
  Gary Cowen (instructed by Davenport Lyons) for the defendant.
Judgment Dates: 25 July 2002


Landlord and tenant - Repair - Landlord's covenant to repair - Damages for breach ||Lessor in breach of repairing obligation - Lessee claiming flats unlettable due to lessor's breach of repairing obligation - Lessee seeking damages - Whether lessee acting reasonably in not letting flats - Whether lessee entitled to damages.

The Case

Where the defendant, who was the head lessor, was in breach of its repairing obligation, and the lessee alleged that as a result of those breaches various flats were unlettable, the court ruled on the evidence that the breaches were not sufficiently serious to render the flats unlettable, but that the lessee was entitled to damages for the shortfall between the rental value of the flats if the lessor had not been in breach, and the rental value of the flats as depressed by the lessor's breach.

Practice Areas

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