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Landlord loses case for £4 million after dramatic fire damages seven flats

first_imgHome » News » Landlord loses case for £4 million after dramatic fire damages seven flats previous nextRegulation & LawLandlord loses case for £4 million after dramatic fire damages seven flatsLegal tussle between freeholder and apartment leaseholder ends with claims for refurbishment costs and lost rent rejected by judge.Nigel Lewis22nd January 201901,758 Views A rental landlord seeking compensation from a building owner after a fire broke out in a restaurant below flats it was renting out has lost its fight in the courts nine years after the blaze.The fire, liability for which was accepted by the owner of the restaurant at 228 York Road in Battersea, London (pictured), gutted or extensively damaged the three floors above the property which at the time contained seven apartments.After the dramatic blaze on New Year’s Day in 2010, which saw 40 fire fighters rescue two tenants from its top floors, the residents of all the properties had to move out and were collectively awarded over £200,000 in compensation by the building’s insurer.The flats’ leaseholder Palliser Ltd, which holds a 999-year lease on the property, has been seeking compensation of nearly £4 million from freeholder Fate Ltd, which also owned the restaurant below. This included the £225,000 cost of refurbishing the properties plus ‘lost rent’.But in the judgement for the case Andrew Burrows QC has said that Palliser is only due £8,500.“The claim for loss of profits fails because the claimant falls a long way short of proving on the balance of probabilities that, but for the fire, it would have sold 228 York Road in 2010 or that it would have gone on to make the profits (of £3,803,721 plus interest) as set out in the schedule,” he said.During the case it emerged that Fate Ltd had under-valued the property as a whole and that its insurance did not cover the floors above the restaurant. After the fire Fate Ltd went into liquidation and it took seven years for the restaurant to re-open.Read the judgement in full. palliser ltd Andrew Burrows QC fate ltd January 22, 2019Nigel LewisWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles Letting agent fined £11,500 over unlicenced rent-to-rent HMO3rd May 2021 BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021last_img read more