In a tenancy agreement for one year and thereafter from month to month, the tenant covenanted to do all the inside repairs and to leave the inside in good repair, order and condition at the expiry of the tenancy.
Held: The decision of the Recorder that the circumstances justified the implication of a covenant on the part of the landlord to repair the structure, was upheld.
Kerr LJ gave three reasons. Commenting on the agreement in Sleafer, he said: ‘It is also to be noted that the Lease provided, by Clause II, that the tenant was to reside in the dwelling – that is to say, in the same way as here, that it was not to be used for any business purposes’. He then referred to cases where the court found the landlord of property where the tenants were obliged to contribute to repairs and the landlord was found under a co-relative obligation to carry out repairs.
Judges:
Kerr LJ, Swinton-Thomas J
Citations:
[1990] 1 QB 348
Jurisdiction:
England and Wales
Citing:
Cited – Sleafer v Lambeth Borough Council CA 1959
The plaintiff held a weekly residential tenancy of the defendant local authority. The front door was defective and jammed. The tenancy agreement contained a covenant by the tenant to keep the flat in good and tenantable repair. When the tenant . .
Cited – Westminster (Duke of) and others v Guild CA 30-Mar-1983
The landlord brought an action for non-payment of rent. The tenant sought to set off a failure by the landlord to repair the building of which his flat was part and which failure had caused him loss. The landlord said that it had no express duty to . .
Cited by:
Decided on Special Facts – Adami v Lincoln Grange Management Limited CA 17-Dec-1997
No General Duty on Landlord to Repair Structure
The plaintiff was a tenant of an apartment in a block. He appealed a ruling that there was no term implied into his lease imposing on the landlord a duty to maintain the structure of the building. The lease contained service charge provisions, and . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 30 May 2022; Ref: scu.259560
