DAEJAN PROPERTIES LTD v GRIFFIN: Historical Neglect May Provide A Defence
Summary: An allegation of historic neglect may provide a defence to a claim for service charges if it can be shown that, but for a failure by the landlord to make good a defect at the time required by its covenant, part of the cost eventually incurred in remedying that defect, or the whole of the cost of remedying consequential defects, would have been avoided. In those circumstances the tenant to whom the repairing obligation was owed has a claim in damages for breach of covenant, and that claim may be set off against the same tenant’s liability to contribute through the service charge to the cost of the remedial work.