header-logo header-logo

29 July 2010 / Malcolm Dowden
Issue: 7428 / Categories: Features , Landlord&tenant , Property , LexisPSL
printer mail-detail

If the cap fits

Malcolm Dowden discusses the relationship between common law & the statutory cap on dilapidations

The judgment in PGF II v Royal and Sun Alliance [2010] EWHC 1459 (TCC), [2010] All ER (D) 175 (Jul) provides concise guidance on the relationship between the common law assessment of damages for disrepair, and the statutory cap applied by Landlord and Tenant Act 1927, s 18. That cap was enacted to overrule the perceived injustice of the common law rule set out in Joyner v Weeks [1891] 2 QB 31, which was taken to mean that a landlord might obtain a windfall through being able to claim damages for disrepair even where the premises were to be demolished or substantially refurbished at or soon after termination of the lease.

In PGF II the tenants argued that the House of Lords ruling in Ruxley Electronics v Forsyth [1996] AC 344, [1995] 3 All ER 268 had changed the law, so that Joyner v Weeks would now be decided differently and the “windfall” element of damages would

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll