Ravengate Estates Ltd v Horizon Housing Group Ltd and Persons Unknown [electronic resource]
Ravengate Estates Ltd v Horizon Housing Group Ltd and Persons Unknown [electronic resource]
- 2007
[2007] EWCA Civ 1368, 19 December 2007. Damages for breach of a tenant's repairing covenant will be limited when the premises are ready for redevelopment. Company (R) owned several properties in need of repair and claimed dilapidations payment from its former tenant (H). R had served a schedule of dilapidations which R did not do. Initially, the court found for the tenant, making an award amounting to a sixth of the total schedule, as R intended to redevelop the property. R appealed, arguing that the redevelopment would not go ahead because of the high construction cost. Held: appeal dismissed; redevelopment costs were not prohibitive. The Court noted that R had not carried out repairs and had now started works. A purchaser would not have sought a reduction because any works would not be sensible in light of any redevelopment. The measure of damages was not the cost of repairs, but only those which might out last a redevelopment.
RAVENGATE ESTATES LTD V HORIZON HOUSING GROUP LTD AND PERSONS UNKNOWN
LANDLORD AND TENANT ACT 1927
England and Wales--1543-
[2007] EWCA Civ 1368, 19 December 2007. Damages for breach of a tenant's repairing covenant will be limited when the premises are ready for redevelopment. Company (R) owned several properties in need of repair and claimed dilapidations payment from its former tenant (H). R had served a schedule of dilapidations which R did not do. Initially, the court found for the tenant, making an award amounting to a sixth of the total schedule, as R intended to redevelop the property. R appealed, arguing that the redevelopment would not go ahead because of the high construction cost. Held: appeal dismissed; redevelopment costs were not prohibitive. The Court noted that R had not carried out repairs and had now started works. A purchaser would not have sought a reduction because any works would not be sensible in light of any redevelopment. The measure of damages was not the cost of repairs, but only those which might out last a redevelopment.
RAVENGATE ESTATES LTD V HORIZON HOUSING GROUP LTD AND PERSONS UNKNOWN
LANDLORD AND TENANT ACT 1927
England and Wales--1543-