The recent Court of Appeal case (Moorjani v Durban Estates) has provided guidance on the likely damages a tenant can expect to receive if the common parts of a block of flats are in disrepair. Mr Moorjani owned a long leasehold flat in Central London. A leak from the upstairs flat had damaged Mr Moorjani’s flat and the common parts were also dilapidated and shabby. The water damage to the flat occurred when the tenant was living with his sister while he was refurbishing his flat. The disrepair to the flat did not render it uninhabitable, the tenant had simply chosen not to live there. The trial judge held that the tenant was not entitled to be awarded general damages for loss and inconvenience from the disrepair. The tenant’s absence from the flat has not been caused by the disrepair and, as he had not actually experienced the consequences of the disrepair (because he was living elsewhere), there was nothing to be compensated for. The Court of Appeal considered a number of leading cases on damages for disrepair and found that the trial judge was incorrect in refusing to award general damages for the period when the tenant lived away from the flat. Damages for disrepair were payable because the tenant had suffered loss: the loss of the right to enjoy the premises free from disrepair. This decision will be of concern to landlords because they may be liable in damages for breaches of their repairing covenants affecting flats and common parts even if the tenant has not suffered any actual discomfort or inconvenience.