Property disrepair and landlord liabilities

In July 2016, in a decision of importance to landlords and tenants, the Supreme Court ruled that property owners cannot be held liable for the consequences of disrepair of which they have not been notified.

The case - Edwards v Kumarasamy - concerned an accident in which the sub tenant of a flat was injured when he tripped over an uneven paving stone on the pathway leading up to the front door of the block where the flat was located. The sub tenancy conferred on him a right to use common parts of the block and he launched a compensation claim against the long leaseholder of the flat.

He was awarded £3,750 in damages by a judge, whose decision was later approved by the Court of Appeal. However, in unanimously upholding the leaseholder’s challenge to that ruling, the Supreme Court found that he had wrongly been held responsible for a defect in the pathway of which he had no notice.

The leaseholder was not in possession of the pathway and any obligation to repair it would only have been triggered once he had notice of the disrepair. By entering into the sub tenancy, he had effectively lost the right to use the common parts and the subtenant was in any event in the best position to spot the uneven paving stone due to his frequent use of the pathway.

The subtenant had also argued that the leaseholder was, by operation of Section 11 of the Landlord and Tenant Act 1985, under an implied duty to maintain the structure and exterior of the block. However, the Court found that, as a matter of ordinary language, the pathway could not be viewed as part of the exterior of the front hall of the building.

--Rex Cowell Solicitors

[edit] Related articles on Designing Buildings Wiki

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• Calculating compensation for property damage.
• Cost recovery clauses.
• Defective premises and freeholder liabilities.
• Dilapidations.
• Electrical safety in the private rented sector.
• Energy efficiency regulations: The challenges for landlords.
• Failure to mention asbestos.
• Failure to notify tenant.
• Licence to alter.
• Material non-disclosure.
• Misrepresentation and insurance.
• Repairs and optional improvements.
• Schedule of condition.
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• When is a commercial lease surrendered?