CA 16 November 1988 Appeal by the tenant (M) and a cross-appeal by landlord (S) in respect of a flat . M held the long lease and in addition to the ground rent was liable to pay a service charge in respect of S`s obligations, including maintenance of the common parts . In an action by S for possession and rent arrears and service charge M counterclaimed for damages on account of the poor condition of the common parts. S replied that the common parts had been flooded on several occasions due to a defective overflow pipe from M`s bath. M`s repairing covenant relieved him from liability in cases where S could claim under insurance . Cc gave judgment for S in respect of arrears and awarded M £1,250 damages for loss of amenity on his counterclaim less £570 for the damage caused by the overflow pipe. Disallowed S`s claim for legal costs of recovering service charges. M appealed against smallness of award and against deduction of £570; S cross appealed on question of legal costs. CA rejecte