Neilson v Scottish Homes
Neilson v Scottish Homes
- 1998
- Housing Law Report [1998] HousLR 52-56(5) .
Sheriffdom of Glasgow and Strathkelvin 14 January 1998. N raised an action of damages against his landlord in respect of continuing condensation and dampness caused by insufficient insulation. S maintained that they had no liability for any defect until they received notice of it and their duty was limited to repair, and that by remaining in possession N was not entitled to damages. The Sheriff held that the claim for abatement of rent was irrelevant and allowed parties a proof of the pursuer`s case based on the issue of tenantability and habitabilty. The landlords appealed. "Held" the requirement to notify the landlord of defects only arose where the premises ceased to be wind and watertight subsequent to the date of entry, tenantable and habitable condition might embrace works amounting to improvement, there was no need for N to aver culpa in a case alleging breach of contract, and the question as to whether it was reasonable for N to remain in the premises required inquiry.
ABATEMENT OF RENT
DAMAGES
DEFECTS
DUTIES
HABITABILITY
IMPROVEMENTS
LANDLORD AND TENANT
NOTICE TO REPAIR
REPAIRS
TENANTABILITY
Sheriffdom of Glasgow and Strathkelvin 14 January 1998. N raised an action of damages against his landlord in respect of continuing condensation and dampness caused by insufficient insulation. S maintained that they had no liability for any defect until they received notice of it and their duty was limited to repair, and that by remaining in possession N was not entitled to damages. The Sheriff held that the claim for abatement of rent was irrelevant and allowed parties a proof of the pursuer`s case based on the issue of tenantability and habitabilty. The landlords appealed. "Held" the requirement to notify the landlord of defects only arose where the premises ceased to be wind and watertight subsequent to the date of entry, tenantable and habitable condition might embrace works amounting to improvement, there was no need for N to aver culpa in a case alleging breach of contract, and the question as to whether it was reasonable for N to remain in the premises required inquiry.
ABATEMENT OF RENT
DAMAGES
DEFECTS
DUTIES
HABITABILITY
IMPROVEMENTS
LANDLORD AND TENANT
NOTICE TO REPAIR
REPAIRS
TENANTABILITY