Law Report: Landlord able to claim lost rent: Harris and another v Hall - Court of Appeal (Lord Justice Parker, Lord Justice Nolan and Lord Justice Kennedy), 31 July 1992
The Court of Appeal dismissed an appeal by the defendant, Steven John Hall, from the decision of Mr Recorder Goudie QC, sitting in Edmonton County Court on 15 July 1991, who upheld a claim by the plaintiffs, Adrian James Harris and Laurence James Ehmler, for damages for loss of rent from car showroom premises into which the defendant crashed a van on 6 December 1990. The showroom was being rented under a nine-year lease which provided by clause 6(3) that if the premises were damaged so as to be unfit for use, the rent ceased to be payable until the premises were reinstated. The damage caused by the defendant's vehicle brought clause 6(3) into operation, causing the plaintiff landlords a loss of rent of pounds 4,305.03.
Timothy Briden (B K J Lewis) for the defendant; Nicholas Dean (Kingsford Stacey, for Sharman Trethewy, Bedford) for the plaintiffs.
LORD JUSTICE NOLAN said the defendant's main argument was that, although he would have been liable to reimburse the tenant if the tenant had had to go on paying rent, he was not liable to the plaintiff landlords where the loss fell on them.
The defendant relied on Rust v Victoria Graving Dock Co (1887) 36 Ch D 113. But the circumstances of that case were completely different. The general rule cited in that case, that a reversioner could only sue in respect of damage which would continue to affect the property when the reversion fell in, was applicable to the facts of that case but was not of universal applicability.
Rustcould not be regarded as authority for the proposition that a landlord could never make a claim in tort for loss of rental. The defendant also argued that, because the damage to the premises would have been repaired long before the lease ended, the plaintiffs would suffer no physical loss and were therefore claiming for purely economic loss. But the plaintiffs suffered physical damage to their building, an income-producing asset. Since the loss of rent was consequential upon that damage, it was not pure economic loss.
LORD JUSTICE PARKER and LORD JUSTICE KENNEDY agreed.
- 1 The truth about 'girl things': Three cheers for Heather Watson's honesty
- 2 Man who held up 'hire me' sign at Waterloo station returns a year later with 'I'm hiring' sign
- 4 Tennis fan suing Australian Open organisers for 'failing to shade spectators' during Murray match
- 5 Men behaving badly: Urinating while standing, 'manspreading' and the gendering of selfishness
Man who held up 'hire me' sign at Waterloo station returns a year later with 'I'm hiring' sign
Saudi preacher who 'raped and tortured' his five -year-old daughter to death is released after paying 'blood money'
Rob Lowe hits out at White House decision not to meet Israeli leader
Iraq invasion 2003: The bloody warnings six wise men gave to Tony Blair as he prepared to launch poorly planned campaign
Winston Churchill: From accusations of anti-Semitism to the blunt refusal that led to the deaths of millions
British Muslim leaders outraged after Eric Pickles says followers of Islam should 'prove their identity'
UK terror fears: My jihadist son returned from Syria mentally scarred – now he is being ignored
Nigel Farage: NHS might have to be replaced by private health insurance
Billy Crystal: 'Stop shoving gay sex scenes in my face'
'We would evict Queen from Buckingham Palace and allocate her council house,' say Greens
French court convicts three over homophobic tweets, in case hailed as a 'significant victory' by LGBT rights campaigners
Excellent Salary : Austen Lloyd: OXFORD - REGIONAL FIRM - An excellent opportu...
Super Package: Austen Lloyd: BRISTOL - SENIOR CLINICAL NEGLIGENCE - An outstan...
£15000 - £50000 per annum: Recruitment Genius: Fantastic opportunities are ava...
Negotiable: Recruitment Genius: A Compute Engineer is required to join a globa...