Q&As

How do you quantify damages for a tenant's claim against a landlord, for the landlord's breach of section 11 of the Landlord and Tenant Act 1985?

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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers
Published on LexisPSL on 04/08/2016

The following Property Disputes Q&A produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • How do you quantify damages for a tenant's claim against a landlord, for the landlord's breach of section 11 of the Landlord and Tenant Act 1985?

How do you quantify damages for a tenant's claim against a landlord, for the landlord's breach of section 11 of the Landlord and Tenant Act 1985?

If the landlord is in breach of the covenant to repair and as a result the tenant has suffered loss, they are entitled to compensation in the form of damages.

When determining the quantum of an award of damages, the court will attempt to place the tenant in the position they would have been in, if their landlord had performed the repairing covenants properly.

Unfortunately, the assessment of general damages in a disrepair case is more of an art than a science, which cannot be predicted with any satisfactory degree of accuracy. Each case will turn on its own specific facts and the surrounding circumstances. The variation of any one of a number of factors can have a dramatic effect on the quantum awarded.

Relevant factors include the number of rooms affected by the disrepair

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