A flat had been let without heating. The tenant complained at the consequent damp and condensation. The authority claimed it was not obliged to put the property into a better condition under a clause saying it agreed ‘to maintain the dwelling in good condition and repair’ and there was no structural damage. The tenant had not been legally advised and the tenancy was a social one.
Held: The words were to be taken in a non technical way, and could include an obligation to take steps to prevent the mould and condensation, if necessary by way of heating. The failure to provide insulation or lining allowed excessive condensation and mould. The council had failed to maintain the flat in good condition.
Citations:
Gazette 06-Jul-2000, Gazette 13-Jul-2000, Times 04-Aug-2000, (2001) 33 HLR 40
Jurisdiction:
England and Wales
Cited by:
Cited – Cobbold v London Borough of Greenwich CA 9-Aug-1999
The tenant had sought an order against the council landlord for failure to repair her dwelling. The defendant appealed refusal of leave to amend the pleadings in anticipation of the trial, now due to start on the following day.
Held: Leave was . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 11 May 2022; Ref: scu.90380