Home > Cases > G A Smith & Sons v James and Whitbread Group Plc

Romford County Court

Blake Lapthorne Tarlo Lyons (Amanda Morris)

Claim for damages against an original tenant for dilapidations alleged both during and after the term of the lease. The proceedings raise legal, evidential and valuation points of principle i.e. (i) the extent to which the court is entitled to take into account, in valuing the landlord’s loss, events that occurred after, but may have been operative on, the term date; such as negotiations with assignees and the expectation of the tenant making a claim for anew lease under the 1954 Act; (ii) the extent to which a landlord has a duty to mitigate its loss by accepting available market value offers from third parties. Both points will involve the refinement and extension of existing principle.

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