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Calculation of damages for disrepair

By: Language: English Series: Estates Gazette ; 280 (6309) 8 November 1986, 708-712(4)Publication details: 1986Subject(s): Summary: If a landlord or tenant is in breach of his repairing covenant in a lease he can be sued for damages. The author focuses on the measure of such damages as determined by caselaw and the Landlord and Tenant Act 1927 s18(1) . In the case of a tenant breaching the repairing covenant damages have been measured by the cost of putting the premises into the state of repair required by the covenant, by the difference in value of the reversion at the termination of a lease between the premises in a state of disrepair and the state in which they would have been if the covenants had been fulfilled and also by the cost of executing the repairs. In the case of a landlord breaching his covenant damages have been measured in terms of discomfort, distress , dampness, inconvenience, spoiled decorations and the cost of redecoration.
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Journal article London Journal article ABS37093 (Browse shelf(Opens below)) 1 Available 2265-1001

If a landlord or tenant is in breach of his repairing covenant in a lease he can be sued for damages. The author focuses on the measure of such damages as determined by caselaw and the Landlord and Tenant Act 1927 s18(1) . In the case of a tenant breaching the repairing covenant damages have been measured by the cost of putting the premises into the state of repair required by the covenant, by the difference in value of the reversion at the termination of a lease between the premises in a state of disrepair and the state in which they would have been if the covenants had been fulfilled and also by the cost of executing the repairs. In the case of a landlord breaching his covenant damages have been measured in terms of discomfort, distress , dampness, inconvenience, spoiled decorations and the cost of redecoration.