000			01731cab a2200301 4500
001			ABS59199
008			090401t1998 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u87986
041			_aeng
245			_aNeilson v Scottish Homes
260			_c1998
350			_a0
490			_aHousing Law Report _v[1998] HousLR 52-56(5)
520			_aSheriffdom of Glasgow and Strathkelvin 14 January 1998. N raised an action of damages against his landlord in respect of continuing condensation and dampness caused by insufficient insulation. S maintained that they had no liability for any defect until they received notice of it and their duty was limited to repair, and that by remaining in possession N was not entitled to damages. The Sheriff held that the claim for abatement of rent was irrelevant and allowed parties a proof of the pursuer`s case based on the issue of tenantability and habitabilty. The landlords appealed. "Held" the requirement to notify the landlord of defects only arose where the premises ceased to be wind and watertight subsequent to the date of entry, tenantable and habitable condition might embrace works amounting to improvement, there was no need for N to aver culpa in a case alleging breach of contract, and the question as to whether it was reasonable for N to remain in the premises required inquiry.
650			_aABATEMENT OF RENT
650			_aDAMAGES
650			_aDEFECTS
650			_aDUTIES
650			_aHABITABILITY
650			_aIMPROVEMENTS
650			_aLANDLORD AND TENANT _96252
650			_aNOTICE TO REPAIR
650			_aREPAIRS
650			_aTENANTABILITY
690			_aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942			_n0
948			_c12/08/1998
999			_c55544 _d55544