Cases - Car Giant Ltd & Anor v London Borough of Hammersmith and Fulham
Record details
- Name
- Car Giant Ltd & Anor v London Borough of Hammersmith and Fulham
- Date
- [2017]
- Citation
- EWHC 197 (TCC)
- Legislation
- Keywords
- Dilapidations – Section 18(1) and diminution in value – Landlord's intentions
- Summary
-
In this case the common law claim was assessed at £402,000 whereas just £183,000 of remedial works had actually been carried out by the landlord. The judge held that only the £183,000 actually incurred represented the damage to the reversion (diminution): the remaining claim could not be taken into consideration because the landlord:
- demonstrated no intent to remedy the remaining defects (6 years after lease end); and
- could not demonstrate any further diminution in value with the outstanding defects still present. Also, the units had all been relet without those additional works being undertaken.