The tenancy contained a repairing covenant but the tenant left the house saying that subsidence had caused it to become flooded.
Held: He remained liable to pay the rent.
Lord Abinger CB said: ‘I am of opinion that, unless there has been some fraud or improper concealment on the part of the Plaintiff, which is not suggested, the contract for letting this house was perfectly good. The Defendant was, therefore, bound to perform it so long as the Plaintiff performed her part of it.’
Alderson B said: ‘The rule laid down by Tindal, CJ, in Izon v Gorton, is the correct one, that in order to enable a tenant to avoid his lease, there must be a default on the part of the landlord.’
Judges:
Alderson B, Lord Abinger CB
Citations:
(1842) 10 M and W 321
Jurisdiction:
England and Wales
Cited by:
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Cited – Smith v Marrable, Knt ExP 14-Jan-1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 04 October 2022; Ref: scu.258840
