City of Edinburgh Council v X and Y

Landlord and tenant – Lease – Landlord's obligation to repair – Claim for unpaid rent – Doctrine of confusion. Sheriff Court: In an action in which a landlord sued tenants for payment of unpaid rent and the tenants counterclaimed for damages for breach by the landlord of its obligation of maintenance and repair, damage to the ceiling of the bathroom having occurred 5 days before the defenders became heritable proprietors of property, the court held that neither claim was extinguished by the principle of confusion and that an award for loss of amenity in favour of the defenders should be £300: it followed that the pursuers were entitled to demand payment of rent of £713.22 and the defenders were entitled to the sum of £2,300 (the cost to them of repairing the bathroom themselves being £2,000).

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