The claimant was tenant of the defendant under an assured shorthold tenancy. He had tripped injuring himself on a pathway between the front doorway of the block of flats and the rubbish bins. The defendant held the flat himself as a tenant under a long lease. The court was now asked as to the effect of section 11(1A) of the 1985 Act as regards common parts not subject of the tenancy. The landlord appealed against a finding that he was responsible.
Held: The appeal succeeded. The landlord could b liable without the tenant first having notified him of the item needing repair.
SirTerence Etherton Ch, Lewison, Christopher Clarke LJJ
[2015] EWCA Civ 20, [2015] 2 WLR 1408, [2015] WLR(D) 40, [2015] 1 CH 484, [2015] HLR 18, [2015] PIQR P11
Bailii, WLRD
Landlord and Tenant Act 1985 11(1A)
England and Wales
Cited by:
Appeal from – Edwards v Kumarasamy SC 13-Jul-2016
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Landlord and Tenant
Leading Case
Updated: 12 November 2021; Ref: scu.541956