Measure of damages for breach of landlord’s covenant
Withholding rent whilst repairs are carried out
Where the tenant does not actually expend sums on having repairs carried out he cannot set off the sum which it would have cost against the rent and, contrary to popular belief, he cannot simply stop paying the rent until repairs are carried out [Taylor v Webb (1973) 2 K.B. 283). He may however, set off a sum equal to the amount of damages to which he is entitled for breach of the landlord’s covenant to repair [British Anzani v International Marine (1979) 2 All E.R. 1063 at 1074c).
Note: See articles referring to notice requirements in this section for when a landlord is in breach of the repairing obligation (not in breach if works carried out expeditiously)
The object of awarding damages against a landlord for breach of his covenant to repair is not to punish the landlord but, so far as money can, to ... Please login or signup to continue reading this content