Hussein & Ors v Mehlman [1992] EW Misc 1 (05 March 1992)

Hussein & Ors v Mehlman [1992] EW Misc 1 (05 March 1992)

A lease may be terminated by the tenant's acceptance of the landlord's repudiatory breach of the implied repairing covenants under section 11 of the Landlord and Tenant Act 1985; such breaches deprived the plaintiffs of the essential benefit of the contract, justifying termination and damages.

Source-derived case information.

Citation
[1992] EW Misc 1
Parties
Plaintiffs: Hussein and Others; Defendant: Mehlman
Jurisdiction
England and Wales
Judgment Date
05 March 1992
Procedural Posture
County Court Decision / Final Judgment
Outcome
Judgment for the plaintiffs with costs; judgment for defendant on counterclaim for rent arrears up to termination date.
Legal Topics
Implied Covenants, Repudiatory Breach, Lease Termination, Damages for Disrepair
Landlord and Tenant Contract Law Implied Covenants Repudiatory Breach Lease Termination Damages for Disrepair

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Parties

Hussein and Others

Plaintiffs

Mehlman

Defendant

Procedural Posture

County Court Decision / Final Judgment

Legal Issues

  1. 1 Whether a lease can be terminated by acceptance of repudiatory conduct
  2. 2 Whether breaches of section 11 of the Landlord and Tenant Act 1985 amount to repudiation
  3. 3 Assessment of damages for breach of repairing covenants

Ratio Decidendi

A lease may be terminated by the tenant's acceptance of the landlord's repudiatory breach of the implied repairing covenants under section 11 of the Landlord and Tenant Act 1985; such breaches deprived the plaintiffs of the essential benefit of the contract, justifying termination and damages.

Court Disposition

Judgment for the plaintiffs with costs; judgment for defendant on counterclaim for rent arrears up to termination date.

Orders

  • Plaintiffs awarded damages for want of heating, structural disrepair, substitute heating, and plumber's costs.
  • Defendant awarded rent arrears up to March 18, 1991.