T covenanted to keep the interior of the flat in good and substantial repair ‘fair wear and tear and damage by accidental fire excepted.’ The House was asked to set the proportion in which L and T bore the overall repair burden.
Held: T’s responsibilities should not be discounted only because they reflected any common law burden not to commit waste. The assessment should be on the basis of a hypothetical tenant of he sort who might be expected to enjoy such an occupation. The fair wear and tear exception did not excuse the tenant from liability for further damage consequent on fair wear and tear. Lord Denning said: ‘If a slate falls from a roof through wear and tear and in consequence the roof is likely to let through the water, the tenant is not responsible for the slate coming off but he ought to put in another one to prevent further damage.’
Judges:
Viscount Simmons, Lord Denning
Citations:
[1959] AC 370
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 14 May 2022; Ref: scu.259869