English Churches Housing Group v Shine

English Churches Housing Group v Shine

The trial judge's award of £19,000 was manifestly excessive, not cross-checked against rent, and failed to account for the tenant's unreasonable conduct in refusing to vacate, which prolonged the period of disrepair. The proper measure of damages is generally not to exceed the rental value unless justified by the landlord's conduct, which was not the case here. The award is reduced to £8,000, with set-off of £1,500 costs in the landlord's favour, and the landlord is entitled to reserved costs for specified interlocutory hearings.

Parties
Appellant/defendant: English Churches Housing Group; Respondent/claimant: Avrom Shine
Jurisdiction
England and Wales
Judgment Date
07 April 2004
Procedural Posture
Civil Appeal (landlord and Tenant) / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; trial judge's order set aside except as to possession counterclaim; damages reduced and set-off ordered; reserved costs awarded to landlord.
Legal Topics
Damages for Breach of Repairing Covenant, Assessment of Damages, Mitigation of Loss, Costs Orders, Set Off of Costs, Implied Terms Under Housing Act 1985
Landlord and Tenant Law Contract Law Housing Law Damages for Breach of Repairing Covenant Assessment of Damages Mitigation of Loss Costs Orders Set Off of Costs +1 more

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Parties

English Churches Housing Group

Appellant/defendant

Avrom Shine

Respondent/claimant

Procedural Posture

Civil Appeal (landlord and Tenant) / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 What is the proper basis and method for assessing damages payable by a landlord to a tenant for breach of repairing covenants under section 11 of the Landlord and Tenant Act 1985?
  2. 2 Should the damages awarded exceed the rental value of the premises, and if so, in what circumstances?
  3. 3 Was the trial judge correct in refusing to set off costs awarded to the landlord against the damages?

Ratio Decidendi

The trial judge's award of £19,000 was manifestly excessive, not cross-checked against rent, and failed to account for the tenant's unreasonable conduct in refusing to vacate, which prolonged the period of disrepair. The proper measure of damages is generally not to exceed the rental value unless justified by the landlord's conduct, which was not the case here. The award is reduced to £8,000, with set-off of £1,500 costs in the landlord's favour, and the landlord is entitled to reserved costs for specified interlocutory hearings.

Court Disposition

Appeal allowed; trial judge's order set aside except as to possession counterclaim; damages reduced and set-off ordered; reserved costs awarded to landlord.

Orders

  • Damages for the tenant set at £8,000, payable within 28 days.
  • Landlord entitled to set off £1,500 costs awarded by Hart J against damages.