Section: Repairs & Improvements

Case Law Update

The claimant held the long lease of a top-floor flat, where the roof leaked allowing rainwater to penetrate the ceiling, causing its collapse. The landlord had been made aware of the problems and had an obligation to repair the roof under the terms of the lease.

The tenant claimed the landlord admitted compensation and liability.

The Judge awarded:
- damages of £20,000 for the 35 months that the tenant put up with the conditions; and
- £10,000 for a further 21 months when the tenant had been forced to vacate and live elsewhere.
After a comprehensive review of the authorities on the quantum of damages for disrepair, the Court of Appeal reduced the first figure to £13,500.

Earle v Charalambous [2006] EWCA Civ 1090, 28 July 2006
A landlord rebuilt a retaining wall and sought to recover the costs from the tenants as service charges for 'repairs.'

An LVT held that the rebuilding work went beyond repair. The Lands Tribunal allowed an appeal. The wall had been in 'substantial disrepair,' and, on expert evidence, the only way to repair it was by pursuing the method adopted.

Dulwich Estate v Kaye & Ors [2006] EWLands LRX_137_2005, 11 September 2006
The Court of Appeal considered the key issue of when a landlord's liability to pay damages for breach of covenant arises.

The Court held that, on the facts of the particular case, damages for breach of an obligation to repair a roof triggered only on expiry of a reasonable period following notice.

The Court added: "In a future case, it may have to be considered whether the "general rule" as laid down by BT v Sun Alliance requires some modification, to take account of the practicalities of the modern relationship of residential lessors and lessees."

Earle v Charalambous[No.2] [2006] EWCA Civ 1338, 12 October 2006

Section: Repairs & Improvements

Case Law Update

Housing Monthly Diary

Issue: November 2006 Reporting on Sept.-October 2006

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