The tenant counterclaimed an action by the landlord for rent saying the property had not been repaired under the landlord’s covenant. The water supply had for 33 months been weak, leading to only a trickle of water being available, and there had been a failure to the lighting in the common parts. Only the water issue remained live. The tenant was a subtenant of the claimant.
Held: The tenant had to show that the defect arose in an installation which forms part of ‘any part of a building in which the lessor has an estate or interest.’ The installation (or the defective portion of an installation) had to be in that part of a building in which the landlord had an estate or interest, and the landlord was not liable.
Judges:
Lord Justice Tuckey Lord Justice Jacob Lord Justice Dyson
Citations:
[2004] EWCA Civ 53, [2004] 1 WLR 1254
Links:
Statutes:
Landlord and Tenant Act 1985 11
Jurisdiction:
England and Wales
Citing:
Cited – O’Connor and Others v Old Etonians Housing Association Ltd CA 20-Feb-2002
The pipes in a block of flats had been changed from 1.5 to 1 inch. This was all right for some 6 years until the water pressure of the supply to the building dropped. The issue was whether there was a breach of the s.11(1) covenant. The landlords . .
Cited – Wallace and others v Manchester City Council CA 23-Jul-1998
Damages payable to a tenant for a landlord’s failure to repair whilst the tenant remained in the property were not separate damages for discomfort and diminution in rental value since these amounted to the same thing: ‘for periods when the tenant . .
Cited – Calabar Properties Ltd v Stitcher CA 1983
The landlord had failed in his duty to repair. One tenant’s health suffered because of the damp, and they had to rent other premises.
Held: The landlord has only a reasonable time to effect repairs once he has been given notice of the need for . .
Cited by:
Cited – 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.
Landlord and Tenant
Updated: 09 June 2022; Ref: scu.193428