000 01620cab a2200241 4500
001 ABS39861
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u19529
041 _aeng
245 _aChiodi (Personal Representative of) v De Marney
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8841) 15 October 1988, 80-87(4)
520 _aCA 7 June 1988. Appeal by landlords (C) from cc decision awarding damages to tenant (D) and allowing D`s counterclaim in C`s action for possession. D was the statutory tenant of a flat and the damages had been awarded for breach of repairing covenants implied by the Landlord and Tenant Act 1985 s11. CC found D`s flat in a great state of disrepair and awarded damages of £5,460 on the basis of £30 per week over three and a half years for inconvenience and distress ; £4,657 for special damages in respect of furniture, decorations, clothing etc and £1,500 for injury to health. C appealed, contending that the first item of damages was too high as it did not reflect the rent of £8 per week and this indicated an error by CC. CA held, reviewing several authorities, that although the award was high, it was not so large by itself to indicate an error. CC was not in error in failing to take into account the rent. Appeal dismissed.
650 _aCALABAR PROPERTIES LTD V STITCHER
650 _aHEWITT V ROWLANDS
650 _aHOUSING ACT 1961 S32
650 _aMEASURE OF DAMAGES
650 _aPERRY V SIDNEY PHILLIPS AND SON
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c13046
_d13046