Carmel Southend Ltd v Strachan and Henshaw Ltd [electronic resource]
Carmel Southend Ltd v Strachan and Henshaw Ltd [electronic resource]
- 2007
[2007] EWHC 1289 (TCC), 24 May 2007. Considered which repair option should be used for a claim for damages for breach of covenant. Defendant tenant (S) had taken a lease of industrial premises owned by claimant landlord (C) for a term of 15 years and under the lease S had covenanted to keep the premises, and to yield them up, in good and substantial repair. When S's lease expired the roof of the property was in disrepair. C arranged overcladding work for the roof and started proceedings for damages for breach of covenant. S contended that the cheaper option of patch repairs which had been reasonably and sensibly possible should form the basis of the calculation of damages, while C argued patch repairs would not have been an appropriate method in all the circumstances and/or were impracticable. "Held": damages were assessed on the basis of the patch repair option advocated by S as this was found to be an appropriate repair method in the circumstances.
CARMEL SOUTHEND LTD V STRACHAN AND HENSHAW LTD
England and Wales--1543-
[2007] EWHC 1289 (TCC), 24 May 2007. Considered which repair option should be used for a claim for damages for breach of covenant. Defendant tenant (S) had taken a lease of industrial premises owned by claimant landlord (C) for a term of 15 years and under the lease S had covenanted to keep the premises, and to yield them up, in good and substantial repair. When S's lease expired the roof of the property was in disrepair. C arranged overcladding work for the roof and started proceedings for damages for breach of covenant. S contended that the cheaper option of patch repairs which had been reasonably and sensibly possible should form the basis of the calculation of damages, while C argued patch repairs would not have been an appropriate method in all the circumstances and/or were impracticable. "Held": damages were assessed on the basis of the patch repair option advocated by S as this was found to be an appropriate repair method in the circumstances.
CARMEL SOUTHEND LTD V STRACHAN AND HENSHAW LTD
England and Wales--1543-