Ravengate Estates Ltd v Horizon Housing Group Ltd and Persons Unknown [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 142219-2001 |
[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.