HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)
Fecha: 11-Dic-2024
Flat 10
Flat 10
This is the flat of Ian Bacon who was the first of the leaseholders to give evidence. It is owned through a company, Properties (Residential 2) Limited, the 8th claimant. Mr Bacon does not live in the flat and it was tenanted.
The sums claimed are (i) remedial works (£19,069.30); (ii) cost of alternative accommodation for the tenant (£8,645.00); (iii) loss of rental income (£13,000); (iv) miscellaneous items such as additional council tax because the property was empty (£1,762); and (v) statutory interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. Mr Daly records all of those claims as substantiated but there is no explanation of the claim for interest as late payment of a debt rather than discretionary interest on damages. I award all the sums claimed except for the interest amount. There is also a claim advanced in submissions for £2,000 for distress and inconvenience but since the claim is brought by the company I make no such award.
Mr Bacon was another tenant who had given his keys to Click St Andrews for access. He asked for them back in March 2022 as there had been no activity for some time.
- Heading
- The parties
- The claimants’ case in summary
- Procedural matters and representation
- Amended Particulars of Claim
- The Agreement for Sale
- The purported rescission of the FPA and RTM’s claim
- The no loss defence
- The position of the leaseholders and the leaseholders’ claims
- The leases
- Insurance
- Breach of statutory duty
- Negligence
- Nuisance
- The rainwater ingress
- Breaches
- Click St Andrews’ position
- Discussion
- Other defects and expert evidence
- The Rivett reports
- Mr Ferguson
- Miscellaneous defects
- Mr Ebbatson
- Remedial works
- Quantum
- Flat 1
- Flat 5
- Flat 6
- Flat 7
- Flat 8
- Flat 9
- Flat 10
- Flat 11
- Flat 12
- Flat 13
- Mitigation
- Conclusions