McNerny v London Borough of Lambeth: CA 1988

The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions.
Held: The legislature had ‘conspicuously refrained’ from updating the statutory rent limit and it was therefore not for the courts to create liabilities which Parliament had not thought fit to enact. In a field such as housing law, which is very much a matter for the allocation of resources in accordance with democratically determined priorities, the development of the common law should not get out of step with legislative policy. There was no liability under the Act for a design defect in premises causing condensation, as this did was not disrepair and therefore was not covered by the landlords covenant to repair/maintain under section 11.

Dillon, Taylor LJJ, Sir John Megaw
(1988) 21 HLR 188, [1988] EWCA Civ 2, [1989] 1 EGLR 81, [1989] 19 EG 77
Landlord and Tenant Act 1985 11
England and Wales
CitedQuick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .

Cited by:
CitedSouthwark 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 . .
CitedMowan v London Borough of Wandsworth and Another CA 21-Dec-2000
The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.
Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who . .
CitedIssa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney CA 19-Nov-1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .

Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 10 December 2021; Ref: scu.186076