Measure of Damages for Breach of Repairing Obligations
This article considers case law where damages have been awarded after a landlord failed to do repairs.
Withholding rent whilst repairs are carried out
Where the tenant does not expend sums on having repairs carried out, he cannot set off the sum which it would have cost against the rent and, contrary to popular belief, he cannot simply stop paying the rent until repairs are carried out [Taylor v Webb (1973) 2 K.B. 283). He may, however, set off a sum equal to the amount of damages to which he is entitled for breach of the landlord's covenant to repair [British Anzani v International Marine (1979) 2 All E.R. 1063 at 1074c).