contract-law england-and-wales breach-of-contract judiciary any-jurisdiction
What legal remedies are available for the non-performance of contractual obligations that cannot be appraised?
<p>What remedies are available to tenant A for the landlord B's breach of contract in not providing a copy of their privacy notice, nor making it available on their website, as the contract required, when the tenancy ended 20 months ago? Note that B likely still holds A’s personal data making them remain a data controller with respect to A.  Would a county court order specific performance of the obligation by B in this case, or award A pecuniary damages as compensation for the late performance? When are courts empowered and not empowered to compel specific (non-monetary) performance?</p>
<p>Along the same lines, in the  case of tenant C and sub-landlord D, who did not provide a copy of their head lease agreement, likewise required by their sublease agreement, what remedies does C have against D, either during or after the termination of the tenancy?</p>

<h2>What damage did they suffer as a result of the breach?</h2>
<p>When either aggrieved party makes a claim, they will need to clearly state the monetary damages they seek and on what basis they suffered that loss. It is difficult to see a clear basis for how loss might have occurred.</p>
<h2>Courts do not hear moot cases</h2>
<p>In both these cases, it appears that the contracts have come to their natural end. It is quite normal that in many contracts, not all terms will have been strictly complied with. Most of these breaches are immaterial, and for contracts that are no longer ongoing, a court would likely dismiss the case as being moot.</p>
<h2>GDPR rights are independent of the contract</h2>
<p>The obligation to provide a privacy policy for landlord B is both a (moot) contractual duty and an ongoing statutory duty. There are many questions on this site dealing with GDPR non compliance - you should find your answer in one of those.</p>
