ECHG accepted that the flat had been in disrepair and that compensation ought to be awarded but claimed the amount was excessive, particularly as the tenant had unreasonably refused to move to alternative housing to allow work to be done and had disobeyed court orders. The Court of Appeal agreed and cut the damages to £8000. The initial award had been out of line with the proper basis for such compensation, in particular the rule of thumb that the maximum award for a tenant's discomfort and inconvenience would be 100% of the rent they were paying.
Also, the judge had been wrong not to allow ECHG to deduct from the compensation a sum for costs that it had been awarded against Shine earlier in the proceedings.
Source
Housing Today
Reference
This case provides up-to-date guidance on the correct approach to assessing what a compensation claim is worth. It also emphasises the importance of remembering that the compensation award may be the only lump sum available from which a tenant can meet orders for costs made in the RSL's favour.
