Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013)

Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013)

The landlord was not under an implied or absolute obligation to repair the retained parts of the building beyond the express terms of the lease, which required only the application of insurance monies for insured risks. Liability for repair required negligence and notice. The cesser of rent clause was not triggered as the premises were never wholly unfit for occupation. The tenants' damages claim was legally unfounded and exaggerated, justifying the award of indemnity costs. The respondent's cross-appeal succeeded, and the tenants' appeal was dismissed.

Citation
[2013] EWCA Civ 580
Parties
Claimants/appellants: Gavin & Anor (Jo Flores and Chantal Cracy); Defendant/respondent: Community Housing Association Limited (now One Housing Group Limited)
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Implied Terms in Leases, Landlord's Repairing Obligations, Forfeiture of Leases, Cesser of Rent, Damages for Disrepair, Indemnity Costs, Notice Requirements for Repair, Business Efficacy and Necessity in Contract Terms
Landlord and Tenant Property Law Contract Law Tort Law Implied Terms in Leases Landlord's Repairing Obligations Forfeiture of Leases Cesser of Rent +4 more

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Parties

Gavin & Anor (Jo Flores and Chantal Cracy)

Claimants/appellants

Community Housing Association Limited (now One Housing Group Limited)

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the landlord had an implied or absolute obligation to repair retained parts of the building
  2. 2 Whether the cesser of rent clause was triggered by damage to the premises
  3. 3 Whether the tenants were entitled to substantial damages for loss of profit

Ratio Decidendi

The landlord was not under an implied or absolute obligation to repair the retained parts of the building beyond the express terms of the lease, which required only the application of insurance monies for insured risks. Liability for repair required negligence and notice. The cesser of rent clause was not triggered as the premises were never wholly unfit for occupation. The tenants' damages claim was legally unfounded and exaggerated, justifying the award of indemnity costs. The respondent's cross-appeal succeeded, and the tenants' appeal was dismissed.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • Tenants' appeal dismissed.
  • Respondent's cross-appeal against award of £100 damages allowed; no damages payable.