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Burns v Monklands District Council

Language: English Series: Greens Housing Law Reports ; 1997 HousLR 34-39(6)Publication details: 1997Subject(s): Summary: Sheriffdom of South Strathclyde, Dumfries and Galloway at Airdire. Sheriff I C Simpson. 8 February 1996. Landlord and tenant - duties of tenant - obligation to heat and ventilate house - whether tenant in breach of obligation. Process - pleading - relevancy - landlord and tenant - action of damages for dampness - landlord pleading case of sole fault or contributory negligence by failing to heat house - relevancy of landlord`s averments as to cost of adequate heating for house. Damages - amount - solatium - dampness - pursuer taking pride in house.

Sheriffdom of South Strathclyde, Dumfries and Galloway at Airdire. Sheriff I C Simpson. 8 February 1996. Landlord and tenant - duties of tenant - obligation to heat and ventilate house - whether tenant in breach of obligation. Process - pleading - relevancy - landlord and tenant - action of damages for dampness - landlord pleading case of sole fault or contributory negligence by failing to heat house - relevancy of landlord`s averments as to cost of adequate heating for house. Damages - amount - solatium - dampness - pursuer taking pride in house.