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

This is the flat of Salim and Rozmin Lalani. The evidence in respect of this flat was given by Mr Lalani. At the start of the trial an application was made to adduce his evidence as hearsay on the grounds of his health. Mr Levenstein submitted that the fact that the defendants were unable to cross-examine Mr Lalani should not undermine his evidence. The sums claimed were accepted by Mr Daly to be substantiated, albeit by somewhat late evidence, and Mr Emmett did not challenge Mr Daly on this. I accept that submission.

The Lalanis do not live in the flat which Mr Lalani said was bought as an investment with a mortgage. Following the water ingress, the tenants had to move out. The flat is still uninhabitable and they have suffered the loss of the rental income whilst continuing to pay the mortgage. Mr Lalani has said understandably that, although they do not live in the property, dealing with the damage, loss of rent, and so on, has taken a mental toll on him and his wife.

The sums claimed are (i) loss of rental income (£73,749.05); (ii) miscellaneous sums for council tax and utilities (£10,706.07); and (iii) damage to furniture (£5,978.32). I award these sums. In addition, in submissions, Mr Levenstein advanced a claim for £5,000 as damages for distress and inconvenience. Even though the Lalanis do not live in the flat, it is one of the worst damaged and I accept the evidence of the distress it has caused them and award the amount sought.