Lloyd v Rees Divisional Court [1996]

The landlord let a flat for £200 a month in January 1993. The rent was paid for the most part by the local authority.  The two bedroomed property suffered from severe damp penetration and suffered from condensation problems. In March 1993 the tenant's solicitor sent the landlord a letter complaining about the damp. On July 16th 1993 a surveyors report was served on the landlord detailing the defects. On July 26 1993 the local council served a notice on the landlord  requiring her to carry out specific works to remedy the defect.  The landlord carried out alternative work in September 1993 (instead of renewing the plaster she opted to use anti fungal paint). This cured the damp in the living room but not in the large bedroom or the shower room.  The tenants left a year after the works.

HELD: The judge held that the letter from the tenant’s solicitor gave the landlord notice of the defects and a reasonable time for these to have been carried out was within two months. From that date until the tenant moved out, the value of the tenancy was diminished by 30% and the tenant recovered this overpayment in damages, together with compensation for distress, inconvenience and ill-health. The tenant also recovered part of the bond.