Damages for breach of repairing covenant

Earle v Charalambous [2006] EWCA Civ 1090; SJ 27 October

The judge had awarded the lessee of a residential flat a global figure of £20,000 damages for the admitted breach by the lessor of a repairing covenant, without giving any precise indication of how it was calculated. The Court of Appeal held that the award was not supported by adequate reasoning and was excessive in the light of the lessee’s own claim. Damages should be calculated by reference to the rental value of the flat and the degree of impact of the lack of repair arriving at a figure of £13,500.