H & H PROPERTIES UK Ltd AGAINST MARC DOURIS & LINZI DOURIS [2017] ScotSC 18 (27 March 2017)

H & H PROPERTIES UK Ltd AGAINST MARC DOURIS & LINZI DOURIS [2017] ScotSC 18 (27 March 2017)

The defenders breached the lease by failing to pay rent and by making unauthorized alterations and causing damage beyond ordinary wear and tear. The pursuer is entitled to recover unpaid rent and reasonable costs for specific repairs and redecoration, subject to deductions for wear and tear and only where the lease expressly provides for recovery. The total recoverable loss is £1,242 for dilapidations plus £1,131 for unpaid rent, less the £725 deposit already retained, resulting in a net liability of £1,648 with interest at 8% per annum from the date of citation.

Citation
[2017] ScotSC 18
Parties
Pursuer: H & H Properties UK Ltd.; Defender: Marc Douris; Defender: Linzi Douris
Jurisdiction
Scotland
Judgment Date
27 March 2017
Procedural Posture
Small Claim / Judgment After Proof
Outcome
Decree granted for the pursuer against the defenders jointly and severally for £1,648 with interest at 8% per annum from date of citation until payment; defenders liable for expenses on the small claim scale.
Legal Topics
Breach of Lease, Damages for Dilapidations, Unpaid Rent, Tenancy Deposit, Wear and Tear, Measure of Damages
Landlord and Tenant Contract Law Breach of Lease Damages for Dilapidations Unpaid Rent Tenancy Deposit Wear and Tear Measure of Damages

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Parties

H & H Properties UK Ltd.

Pursuer

Marc Douris

Defender

Linzi Douris

Defender

Procedural Posture

Small Claim / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders breached the lease by failing to pay rent and causing dilapidations
  2. 2 Whether the sums claimed by the pursuer are a proper measure of loss and recoverable under the lease terms

Ratio Decidendi

The defenders breached the lease by failing to pay rent and by making unauthorized alterations and causing damage beyond ordinary wear and tear. The pursuer is entitled to recover unpaid rent and reasonable costs for specific repairs and redecoration, subject to deductions for wear and tear and only where the lease expressly provides for recovery. The total recoverable loss is £1,242 for dilapidations plus £1,131 for unpaid rent, less the £725 deposit already retained, resulting in a net liability of £1,648 with interest at 8% per annum from the date of citation.

Court Disposition

Decree granted for the pursuer against the defenders jointly and severally for £1,648 with interest at 8% per annum from date of citation until payment; defenders liable for expenses on the small claim scale.

Orders

  • Defenders to pay £1,648 to the pursuer jointly and severally
  • Interest at 8% per annum from 23 March 2016 until payment