City and Metropolitan Properties Ltd v Greycroft Ltd
Language: English Series: Estates Gazette ; 283(6342) 11 July 1987, 199-205(3)Publication details: 1987Subject(s): Summary: ChD 23 January 1987. Action by tenants (T) claiming damages against landlords (L) for losses sustained whilst tenants of a flat. When T acquired the lease in 1982 L were in serious breach of the repairing covenant . T commenced their present action in August 1984, the writ originally claiming specific performance of the covenant. The repairs were not carried out until December 1984, by which time T had assigned the lease. T amended the writ to claim consequential damages sustained while they were tenants. L put forward two defences: 1) when T assigned the lease, all rights in respect of it passed to the assignees, including any right to damages 2) the heads of damages were too remote; T had purchased the flat as a speculation for early resale at a profit. ChD rejected the first defence, holding that L`s liability to T for existing breaches was capable of surviving the assignment in the same way as T`s liability to the landlord. Held also, with regard to the second defence, that in pr| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37966 (Browse shelf(Opens below)) | 1 | Available | 7821-1001 |
ChD 23 January 1987. Action by tenants (T) claiming damages against landlords (L) for losses sustained whilst tenants of a flat. When T acquired the lease in 1982 L were in serious breach of the repairing covenant . T commenced their present action in August 1984, the writ originally claiming specific performance of the covenant. The repairs were not carried out until December 1984, by which time T had assigned the lease. T amended the writ to claim consequential damages sustained while they were tenants. L put forward two defences: 1) when T assigned the lease, all rights in respect of it passed to the assignees, including any right to damages 2) the heads of damages were too remote; T had purchased the flat as a speculation for early resale at a profit. ChD rejected the first defence, holding that L`s liability to T for existing breaches was capable of surviving the assignment in the same way as T`s liability to the landlord. Held also, with regard to the second defence, that in pr