McClean v Liverpool City Council
McClean v Liverpool City Council
- 1987
- Estates Gazette 283(6352) 19 September 1987, 1395-1400(3) .
CA 28 April 1987. An appeal by the tenant(M) from a county court decision dismissing an action for an alleged breach of landlords` repairing obligations under Landlord and Tenant Act 1985 s11 . M had a surveyors report on her property, and from this listed a number of defects in her claim, for both general and special damage. The claim for special damage was dismissed as the judge did not accept M`s evidence. On the issue of general damage the judge concluded that the house did not fall below the standard implied by s11(3) of the Act. M appealed. CA held there were no grounds for interfering with the judge`s finding on special damage. However, in assessing a claim for general damage, the matter could not be based solely on M`s evidence. The judge should have allowed for evidence of the surveyors report; and should have taken into account, whether a damp-proof course had been maintained by the landlords, the amount of rent paid by M, prospective use of the property and the length of t
CA 28 April 1987. An appeal by the tenant(M) from a county court decision dismissing an action for an alleged breach of landlords` repairing obligations under Landlord and Tenant Act 1985 s11 . M had a surveyors report on her property, and from this listed a number of defects in her claim, for both general and special damage. The claim for special damage was dismissed as the judge did not accept M`s evidence. On the issue of general damage the judge concluded that the house did not fall below the standard implied by s11(3) of the Act. M appealed. CA held there were no grounds for interfering with the judge`s finding on special damage. However, in assessing a claim for general damage, the matter could not be based solely on M`s evidence. The judge should have allowed for evidence of the surveyors report; and should have taken into account, whether a damp-proof course had been maintained by the landlords, the amount of rent paid by M, prospective use of the property and the length of t