Inclusive Technology v Williamson [2009] EWCA Civ 718 (07 May 2009)

Inclusive Technology v Williamson [2009] EWCA Civ 718 (07 May 2009)

The landlord's letter and conduct amounted to a continuing representation that refurbishment would occur at the end of the tenancy. When the landlord changed his mind and no longer intended to carry out the works within a reasonable time, he was under a duty to inform the tenant. His failure to do so constituted misrepresentation or concealment under section 37A, entitling the tenant to compensation for loss sustained as a result of vacating the premises.

Citation
[2009] EWCA Civ 718
Parties
Appellant: Inclusive Technology; Respondent: Williamson
Jurisdiction
England and Wales
Judgment Date
07 May 2009
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Compensation for Possession Obtained by Misrepresentation, Section 37 a Landlord and Tenant Act 1954, Continuing Representations, Duty to Correct Misrepresentation, Assessment of Compensation
Landlord and Tenant Contract Law Compensation for Possession Obtained by Misrepresentation Section 37 a Landlord and Tenant Act 1954 Continuing Representations Duty to Correct Misrepresentation Assessment of Compensation

Case Brief

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Parties

Inclusive Technology

Appellant

Williamson

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the landlord's failure to inform the tenant of a change in intention regarding refurbishment constituted misrepresentation or concealment under section 37A of the Landlord and Tenant Act 1954
  2. 2 Whether the landlord's representation was a continuing one and became false to his knowledge
  3. 3 Proper assessment of compensation for loss sustained by the tenant

Ratio Decidendi

The landlord's letter and conduct amounted to a continuing representation that refurbishment would occur at the end of the tenancy. When the landlord changed his mind and no longer intended to carry out the works within a reasonable time, he was under a duty to inform the tenant. His failure to do so constituted misrepresentation or concealment under section 37A, entitling the tenant to compensation for loss sustained as a result of vacating the premises.

Court Disposition

Appeal allowed in part

Orders

  • Compensation awarded to tenant under section 37A of the Landlord and Tenant Act 1954
  • Costs of the appeal awarded to the tenant, summarily assessed at £11,822.10