Carmel Southend Ltd v Strachan & Henshaw Ltd

Carmel Southend Ltd v Strachan & Henshaw Ltd

The appropriate remedial works under the lease were the patch repairs (including replacement of all roof lights and some sheets), not overcladding. The patch repairs were reasonably and sensibly possible, not futile or impracticable, and satisfied the repairing covenants. Section 18 of the Landlord and Tenant Act...

Source-derived case information.

Parties
Claimant: Carmel Southend Limited; Defendant: Strachan & Henshaw Limited
Jurisdiction
England and Wales
Judgment Date
24 May 2007
Procedural Posture
Civil / Judgment
Outcome
judgment for claimant in part
Legal Topics
Dilapidations, Repairing Covenants, Measure of Damages, Section 18 Landlord and Tenant Act 1927
Landlord and Tenant Property Law Contract Law Dilapidations Repairing Covenants Measure of Damages Section 18 Landlord and Tenant Act 1927

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Parties

Carmel Southend Limited

Claimant

Strachan & Henshaw Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What remedial works were required under the repairing covenants in the lease?
  2. 2 Was overcladding or patch repairs the appropriate method of repair?
  3. 3 Does Section 18 of the Landlord and Tenant Act 1927 limit the damages recoverable?

Ratio Decidendi

The appropriate remedial works under the lease were the patch repairs (including replacement of all roof lights and some sheets), not overcladding. The patch repairs were reasonably and sensibly possible, not futile or impracticable, and satisfied the repairing covenants. Section 18 of the Landlord and Tenant Act 1927 did not apply to reduce damages, as the overcladding did not constitute a structural alteration superseding the repairs.

Court Disposition

judgment for claimant in part

Orders

  • Damages awarded to Carmel Southend Limited in the sum of £24,462.44 for breach of covenant by Strachan & Henshaw Limited.
  • All remaining questions of interest and costs to be dealt with separately.