Moorjani v Durban Estates Ltd

Landlord and tenant – Repair. The Court of Appeal, Civil Division, held, among other things, that the judge had been wrong to treat a lessee's non-occupation of his flat during most of a period of disrepair as fatal to his claim for his compensation for loss of amenity. It was not a fatal obstacle to a claim for damages for that impairment in the lessee's rights that the lessee might have chosen not to make full use, or even any use, of them during part of even all of the relevant period, for reasons unconnected with the disrepair itself.

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