The Council outsourced the collection of refuse from the block of council flats where the tenant applicant lived. He asserted that the Council were in breach of their covenants as landlords in failing to ensure that the refuse was collected properly. The tenancy agreement required the landlord to take ‘reasonable steps’ to ensure that the common parts were kept clean and tidy
Held: That duty could be satisfied by delegation, but only if there was in addition an adequate system for monitoring the contractors’ performance. It had been also a breach of the covenant for quiet enjoyment.
Judges:
Lord Justice Ward, Lord Justice Chadwick and Lady Justice Arden
Citations:
Times 16-Apr-2002, [2002] EWCA Civ 403
Links:
Jurisdiction:
England and Wales
Citing:
Applied – 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.
Housing, Local Government, Landlord and Tenant
Updated: 29 June 2022; Ref: scu.168746