Baillie v Savage

Baillie v Savage

Damage occurred during the tenancy, and the risk of further similar damage rendered the premises unfit for occupation and use, satisfying the requirements of clause 14 of the tenancy agreement for rent suspension.

Parties
Defendant/appellant: James Archibald Baillie; Claimant/respondent: David Savage
Jurisdiction
England and Wales
Judgment Date
06 November 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Rent Suspension Clauses, Premises Uninhabitable, Causation of Damage, Expert Evidence
Landlord and Tenant Contract Law Interpretation of Rent Suspension Clauses Premises Uninhabitable Causation of Damage Expert Evidence

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Parties

James Archibald Baillie

Defendant/appellant

David Savage

Claimant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the collapse of a garden wall and risk of further collapse rendered the premises uninhabitable under clause 14 of the tenancy agreement
  2. 2 Whether pre-existing bowing constituted damage within the meaning of the rent suspension clause
  3. 3 Whether there was sufficient connection between damage during tenancy and unfitness for occupation

Ratio Decidendi

Damage occurred during the tenancy, and the risk of further similar damage rendered the premises unfit for occupation and use, satisfying the requirements of clause 14 of the tenancy agreement for rent suspension.

Court Disposition

Appeal dismissed

Orders

  • Judgment against Mr Baillie for £18,059 inclusive of interest
  • Release of deposit of £2,025