Campbell v. Aberdeen City Council [2007] ScotSC 5 (06 February 2007)

Campbell v. Aberdeen City Council [2007] ScotSC 5 (06 February 2007)

The defenders failed to keep the property wind and water-tight during cleaning operations, resulting in water ingress and mould damage. This constituted a breach of the tenancy agreement, entitling the pursuer to compensation for her loss.

Citation
[2007] ScotSC 5
Parties
Pursuer: Anne Campbell; Defender: Aberdeen City Council
Jurisdiction
Scotland
Judgment Date
06 February 2007
Procedural Posture
Civil / Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Breach of Lease, Landlord Obligations, Habitability, Compensation for Property Damage
Contract Law Housing Law Breach of Lease Landlord Obligations Habitability Compensation for Property Damage

Case Brief

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Parties

Anne Campbell

Pursuer

Aberdeen City Council

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders breached their contractual obligation to keep the property wind and water-tight under the tenancy agreement
  2. 2 Whether the pursuer's loss was caused by the defenders' breach

Ratio Decidendi

The defenders failed to keep the property wind and water-tight during cleaning operations, resulting in water ingress and mould damage. This constituted a breach of the tenancy agreement, entitling the pursuer to compensation for her loss.

Court Disposition

judgment for pursuer

Orders

  • Decree for payment to the pursuer by the defenders of £2,900
  • Parties to be heard on the question of interest and expenses