The tenant occupied a maisonette under a secure tenancy of the plaintiff. She sought damages for breach of the repairing covenant implied under s11. Questions arose as to whether L should have told her not to dry clothes in a heated cupboard so as to cause damp, if she had whether the resulting damp was a breach of the covenant, and whether water which had leaked from a washing machine pipe in a neighbouring property through her roof was also a breach. L appealed.
Held: The appeal was allowed. There was no duty on L to advise the tenant as to proper use of the cupboard under the section or at all. The tenant had not pleaded that the damp arose from any disrepair or from anything outside. There was no evidence that the landlord was responsible for the leak to the ceiling.
Judges:
Lightman J
Citations:
[2002] 1 EGLR 25
Statutes:
Landlord and Tenant Act 1985 11
Jurisdiction:
England and Wales
Citing:
Cited – Quick 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 . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 16 August 2022; Ref: scu.221515