Breach of covenant – specific performance – damages – loss of amenity – quantum of damage

In this case the Court of Appeal considered a tenant’s claims for alleged breaches of covenants to insure, to keep certain recreational facilities in good order and repair and to keep stairs and hallways in good repair.

The background

The claimant (T) was the tenant of an apartment held on a 999 year lease granted in 1989. The defendant is the landlord (L). The apartment, number 18, was on the first floor of a newly constructed block forming part of the development known as Framewood Manor. A swimming pool and related leisure facilities are located in the same block. T originally accessed the swimming pool via a door (the Doorway) on the stairwell leading to her apartment. Evidently T chose apartment 18 so that she could have ease of access to the pool.