Hall and another v Howard
Hall and another v Howard
- 1988
- Estates Gazette (8844) 5 November 1988, 83-88(4) .
CA 24 May 1988 Appeal by the tenant (H) from decision dismissing his counterclaim for damages in action by the landlords (L) for possession and arrears of rent. L succeeded in their claim for rent arrears and were granted possession. There was a term in the tenancy implied by statute (now Landlord and Tenant Act 1985 s11 ) that L would keep the main structure of the house in good repair . In 1982 H entered into negotiations with L to purchase the freehold and a copy of a valuation was sent to L, making reference to defects in the building. The negotiations came to nothing and no repairs were carried out. In 1985 notice was served by the local authority on L requiring certain repairs to be carried out which were duly executed. Subsequently in L`s action claiming possession, H counterclaimed for damages for breach of covenant to repair as implied by 1985 Act; H had had to move out while the 1985 repairs were carried out. L claimed no liability as they had received no notice of the alle
REPAIRING COVENANTS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 24 May 1988 Appeal by the tenant (H) from decision dismissing his counterclaim for damages in action by the landlords (L) for possession and arrears of rent. L succeeded in their claim for rent arrears and were granted possession. There was a term in the tenancy implied by statute (now Landlord and Tenant Act 1985 s11 ) that L would keep the main structure of the house in good repair . In 1982 H entered into negotiations with L to purchase the freehold and a copy of a valuation was sent to L, making reference to defects in the building. The negotiations came to nothing and no repairs were carried out. In 1985 notice was served by the local authority on L requiring certain repairs to be carried out which were duly executed. Subsequently in L`s action claiming possession, H counterclaimed for damages for breach of covenant to repair as implied by 1985 Act; H had had to move out while the 1985 repairs were carried out. L claimed no liability as they had received no notice of the alle
REPAIRING COVENANTS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES