Case summary: Moorjani v Durban Estates Ltd

18 December 2015 – by Sally Dobson, Barrister

Landlord and tenant, Breach of covenant

Landlord and tenant – Breach of covenant – Damages – Appellant holding long lease of flat – Claim for breach of respondent landlord’s insurance and reinstatement obligations in respect of flood damage and for disrepair to common parts – Whether damages payable in circumstances where not in occupation of flat for reasons unconnected to the damage and disrepair. – Appeal allowed

The appellant held a long lease of a flat in a mansion block in London NW1. Between 2005 and early 2008, he did not live in the flat but instead stayed with his sister. In April 2005, there was a serious leak in the flat above, which caused serious damage both to the appellant’s flat, which he had been in the course of refurbishing, and to the flats below all the way down to the basement.

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