Montoya v Hackney London Borough Council: QBD 15 Jul 2004

The tenant claimed that the defendant local authority landlord had failed in its duty of repair. A jointly instructed expert gave evidence that the disrepair alleged was not disrepair at all because it was commensurate with the age and type of dwelling, and within the exceptions allowed for within s11(3). Nevertheless the judge at first instance found for the tenant that the defects constituted disrepair.
Held: The appeal succeeded. There was no evidential basis for the judge’s conclusion, and te judge should not have departed from the only expert evidence in the case.


Unreported, 15 July 2004


Landlord and Tenant Act 1985 11(3)


England and Wales

Landlord and Tenant

Updated: 25 May 2022; Ref: scu.235708