HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)
Technology and Construction Court

HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)

Fecha: 11-Dic-2024

Flat 10

Flat 10

274.

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.

275.

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.

276.

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.