A landlord, whose predecessor in title had enclosed a natural stream in an artificial culvert which was incapable of retaining it, was held liable to the tenant for injury suffered by the demised premises as a result of the outflow of water consequent upon the culvert falling into disrepair.
Held: Without finding it necessary to decide whether liability arose on other grounds also, considered that it arose under an express covenant for quiet enjoyment contained in the lease. A mere act of omission on the part of a landlord is capable of constituting a breach of the covenant for quiet enjoyment, if, but only if, there is a duty to do something.
Judges:
Sir Ernest Pollock MR, Sargant LJ
Citations:
[1926] Ch 397
Jurisdiction:
England and Wales
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 07 May 2022; Ref: scu.259566