CA 2 November 1987. By a 99 year lease the defendant (P) occupied a flat, of which he had previously been the sitting tenant at a low rent, in consideration of a premium of £10,000, £8,000 of which was raised by mortgaging the lease to the then landlord. Subsequently the freehold reversion was transfered to the plaintiffs (M) along with the benefit of the mortgage . Two actions were brought by the landlord in November 1980, claiming outstanding sums due under the mortgage In 1984 P counterclaimed, after a possession order had been set aside, claiming damages for breach of the landlords repairing covenants . It was held that the mortgage and service charge arrears should be paid and M should pay £1,050 damages. All arrears were paid so the appeal was directed at P`s counterclaim. After reassessment of the damage the appeal was allowed in part reducing the sum of £800 plus costs to £700 plus costs as, if the action had been brought earlier the damage would have been lessened.