000 01691cad a22002055a 4500
001 L140103
008 070904e20070524xxk f v 000 0 eng d
035 _a(Sirsi) u140103
041 0 _aeng
245 0 0 _aCarmel Southend Ltd v Strachan and Henshaw Ltd
_h[electronic resource]
260 _c2007
520 _a[2007] EWHC 1289 (TCC), 24 May 2007. Considered which repair option should be used for a claim for damages for breach of covenant. Defendant tenant (S) had taken a lease of industrial premises owned by claimant landlord (C) for a term of 15 years and under the lease S had covenanted to keep the premises, and to yield them up, in good and substantial repair. When S's lease expired the roof of the property was in disrepair. C arranged overcladding work for the roof and started proceedings for damages for breach of covenant. S contended that the cheaper option of patch repairs which had been reasonably and sensibly possible should form the basis of the calculation of damages, while C argued patch repairs would not have been an appropriate method in all the circumstances and/or were impracticable. "Held": damages were assessed on the basis of the patch repair option advocated by S as this was found to be an appropriate repair method in the circumstances.
590 _aKA
650 2 4 _aCARMEL SOUTHEND LTD V STRACHAN AND HENSHAW LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES
690 _aPROPERTY-LANDLORD AND TENANT-DILAPIDATIONS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2007/1289.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79196
_d79196