Reedbase Ltd & Anor v Fattal & Ors [2018] EWCA Civ 840 (19 April 2018)

Reedbase Ltd & Anor v Fattal & Ors [2018] EWCA Civ 840 (19 April 2018)

Landlord satisfied obligation to make good damage as works restored premises to reasonable standard; consultation requirements under regulations were met despite changes in tiling specification; no material change requiring retendering; appellants had sufficient information and approved changes; damages claim fails as loss to plants was due to appellants' own failure to water.

Citation
[2018] EWCA Civ 840
Parties
Claimants/respondents: Reedbase Limited and Anr; Defendants/appellants: Fattal and Ors
Jurisdiction
England and Wales
Judgment Date
19 April 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Service Charges, Consultation Requirements, Breach of Covenant, Damages, Statutory Interpretation
Landlord and Tenant Property Law Service Charges Consultation Requirements Breach of Covenant Damages Statutory Interpretation

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Parties

Reedbase Limited and Anr

Claimants/respondents

Fattal and Ors

Defendants/appellants

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether landlord satisfied obligation to make good damage under underlease
  2. 2 Whether landlord conducted sufficient consultation under Service Charges (Consultation Requirements) (England) Regulations 2003
  3. 3 Whether judge erred in calculation of damages

Ratio Decidendi

Landlord satisfied obligation to make good damage as works restored premises to reasonable standard; consultation requirements under regulations were met despite changes in tiling specification; no material change requiring retendering; appellants had sufficient information and approved changes; damages claim fails as loss to plants was due to appellants' own failure to water.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all issues
  • No damages awarded