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

This is the flat of Luke Price who gave evidence. Mr Price explained that he lived in he flat until the flooding after which he and his partner endured the stress of living in a succession of Airbnb’s. He estimated that they had moved 30 times. He also owns a property in Manchester which was rented out. Eventually he decided to relocate to Manchester and travel to London for work 2-3 days per week. As a result, he first incurred the cost of alternative accommodation and then lost the rental income on the property in Manchester, although he has expressed this as a claim for loss of rental income on flat 13.

He claims £32,870 for alternative accommodation and £27,115 in respect of lost rental income. In addition he claims £17,783 for certain additional costs including storage, utilities and laundry. Mr Daly includes these in his Appendix 7 as costs that are only supported by a witness statement and not by documentary evidence. As they appear in the exhibit to Mr Price’s statement, it appears that there may have been supporting documentation but I have not been able to identify it. Nonetheless, I accept Mr Price’s evidence as to the costs incurred and award these amounts.

Mr Price also includes a claim for late payment of a commercial debt. It is not possible to see what sum this relates to and why and, as I have said before, why it is not claimed as discretionary interest.

Mr Levenstein put forward a sum of £5,000 as damages for distress and inconvenience but I consider Mr Price’s position and experience to have been similar to that of Ms Buchholz and I award £7,500.

As in the case of other leaseholders, Mr Price denied that he had refused Click St Andrews access to carry out remedial works. He had given his keys to, he thought Mr Bacon, and had asked for them back only after Click St Andrews abandoned site on 14 October 2022. After that he was not asked for access again.