Breach of covenant
Breach of covenant
- 2000
- Estates Gazette Case Summaries [2000] EGCS 34 (1) .
CA 8 March 2000. "Botu v Brent LBC". B was a secure tenant. In 1996 B was arrested and remanded in custody. In 1997 the council obtained possession order on grounds of rent arrears and evicted B. Council proceeded to let out the property to a new tenant, despite knowing B was obtaining order to set aside possession order. B claimed for damages for breach of covenant for quiet enjoyment. The judge held that the council were liable to compensate B. Council appealed and B cross-appealed. Held, the appeal was allowed; the cross-appeal dismissed.
DAMAGES
SOCIAL HOUSING
BOTU V BRENT LBC
QUIET ENJOYMENT
BREACH OF COVENANT
CA 8 March 2000. "Botu v Brent LBC". B was a secure tenant. In 1996 B was arrested and remanded in custody. In 1997 the council obtained possession order on grounds of rent arrears and evicted B. Council proceeded to let out the property to a new tenant, despite knowing B was obtaining order to set aside possession order. B claimed for damages for breach of covenant for quiet enjoyment. The judge held that the council were liable to compensate B. Council appealed and B cross-appealed. Held, the appeal was allowed; the cross-appeal dismissed.
DAMAGES
SOCIAL HOUSING
BOTU V BRENT LBC
QUIET ENJOYMENT
BREACH OF COVENANT