Family Management v Gray

Citation: 1EGLR 46

Nature of case:
The appellant held 2 long term leases which upon expiration were negotiated between the sub-lessees and respondent landlord and were subject to full repairing covenants. The landlord subsequently claimed damages from the appellant for breach of the repairing covenants. Allowing the appeal, the court held that damage under s.18(1) of the Landlord and Tenant Act 1927 was nil or de minimus as the sub-lessees in negotiating their new rents were prevented by s. 34 of the Landlord and Tenant Act 1954 from alleging their own default as a means of claiming rent reductions. As the sub-lessees were obliged to comply with the repairing covenants, their new rent could not be reduced by reason of dilapidation.

Counsel

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