Wycombe Health Authority v Barnett: CA 1982

A student tenant left the property for a few days. Whilst she was away, the pipes froze, cracked, and then burst. The landlord complained that he had neither turned off the water, nor lagged the pipes.
Held: The tenant had no such obligation at common law, and nor had the landlord an obligation to lag the pipes under section 32. The exact duty on a tenant to behave in a tenant-like manner in colder climes varied according to the prevailing circumstances, including the length of absence and expected weather.


(1982) 264 EG 619, (1982) 5 HLR 84


Housing Act 1961 32


England and Wales


CitedWarren v Keen CA 1954
The landlord in a weekly tenancy sought to recover from his tenant, the sums expanded by him on repairs to the demised premises. The landlord alleged that it was an implied term of the tenancy that the tenant would use the premises in a tenant-like . .
CitedCampden Hill Towers v Gardner CA 1977
A flat was let by an underlease for seven years. The lease excluded the outside walls of the flat, but the tenant covenanted to pay for repairs to the building through a service charge. The tenant refused to pay the service charge which included the . .

Cited by:

CitedHussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 09 May 2022; Ref: scu.221962