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
England and Wales
Landlord and Tenant
Updated: 25 May 2022; Ref: scu.235708