Case law update: Khan v Mehmood (No. 2 Cost) 2022 EWCA Civ 1075

Background

Following on from the initial case update posted on June 23^rd this year, this is the second chapter in the Khan and Mehmood case.

It comes after the judgment handed down in the case of Khan v Mehmood (2022) EWCA Civ 791, which considered two issues:

1. Damages should not have been awarded for the period between 2007 – 2011 as the tenant had confirmed that they had not been the tenant, but instead was a lodger of the main tenant.
2. Should or did the Simmons v Castle uplift apply to disrepair general damages.

For further background of the case and MSB’s case comment, visit here.

Update

Following the judgement, the parties were invited to agree the terms of the consequential order, however, were unable to do so and therefore asked us to rule on the following ancillary issues:

1. The commencement date for the calculation of the judgement sum; and
2. Costs

Focusing particularly on the primary issue, the Court of Appeal had to decide when damages for disrepair should start to accrue as it formerly made the decision that it could not be from the start of the tenant’s occupation.

The initial trial Judge had allowed for a two month ‘grace period’ for the landlord to rectify defects before damages began to accrue. The Court of Appeal saw no reason to interfere with the Judge’s view that a two-month ‘grace period’ applied.

This case gives us a clear indication that a reasonable period of time isn’t forever, and landlords should aim to fix any reported defects as soon as possible, but certainly within a few months of the initial report depending on the repair.  It also confirms that damages do not accrue from the date of the alleged notice, but after a period of reasonable time.