DAMAGES FOR LOSS OF AMENITY

In Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159; [2012] All ER (D) 144 (Feb) the Court of Appeal allowed the claimant’s appeal and held that she was entitled to recover damages for loss of amenity in respect of a number of defects in a property of which she had taken a 999 year lease. While the Court of Appeal was not willing to make a specific performance order, the effect of which would have been to order the lessor to carry out various repairs, it awarded the claimant damages to reflect the loss of amenity which she suffered as a result of the defendants’ failure to keep in repair some of the facilities which the claimant was entitled to use under the terms of the lease.

The facts

The claimant was the lessee under a 999 year lease of an apartment in a newly constructed block of flats (known as Framewood Manor). She brought a claim for breach of covenant against the defendant management company, the lessor. In particular, she claimed that the defendants had failed to keep certain recreational facilities, including an indoor swimming pool and a whirlpool, in good order and repair and had also failed to keep the stairs and hallways in good repair. The defendants relied on a clause, referred to as an exoneration clause, by way of defence. The claimant sought both specific performance and to recover damages for the loss of amenity which she suffered as a result of the breaches of covenant. Her claims largely failed before the trial judge and so she appealed to the Court of Appeal. Her appeal was allowed to the extent that she was held to be entitled to recover damages in relation to most of the breaches of covenant (albeit that the amount she recovered was modest). Her claim for specific performance was, however, rejected.