000			01876cab a2200229 4500
001			##L135523
008			061106n2006 000 0 eng u
035			_a(Sirsi) u135523
041	0		_aeng
245	0	0	_aJonathan Earle v Sotos Charalambous
260			_c2006
520			_a[2006] EWCA Civ 1090, 28 July 2006. Considers the correct starting point for the assessment of the appropriate award of damages for a breach of a repairing covenant contained in a lease for a residential property. Appeal by C against the assessment of damages for an admitted breach of the repairing covenant in the lease held by E. The issue arose regarding the normal measure of damages in assessing such a breach: whether the distress, discomfort and inconvenience suffered by E, assessed under the head difference of value, should be assessed in line with past awards for non-pecuniary loss or was actually dependant on the premises' market rent. "Held": appeal allowed in part. Distress and inconvenience caused by disrepair were not freestanding heads of claim but were symptomatic of interference with E's enjoyment of his leased property. If C's breach of covenant had deprived E of the enjoyment of his asset for a considerable period, the notional judgment of the resulting reduction in rental value was probably the most appropriate starting point for assessing damages.
590			_aIKA141106
650	2	4	_aEARLE V CHARALAMBOUS
650	2	4	_aCALABAR PROPERTIES LTD V STICHER
650	2	4	_aNIAZI SERVICES LTD V VAN DER LOO
650	2	4	_aWALLACE V MANCHESTER CITY COUNCIL
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-BREACHING RESIDENTIAL LEASES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/1090.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c77925 _d77925