Devlin J said: ‘It is the business of the tenant, if he does not protect himself by an express warranty, to satisfy himself that the premises are fit for the purpose for which he wants to use them, whether that fitness depends upon the state of their structure, the state of the law, or any other relevant circumstances.’
Where an allegation of illegality emerges only at the time of the trial, the court should take particular care to ensure that the party taken by surprise has opportunity adduce additional evidence for the purpose of rebutting an inference of illegality which the court might be entitled to draw. The court should not act on unpleaded facts ‘unless it is satisfied that the whole of the relevant circumstances are before it’.
Judges:
Devlin J
Citations:
[1950] 1 KB 359
Jurisdiction:
England and Wales
Cited by:
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Contract
Updated: 12 May 2022; Ref: scu.186075