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Supreme Court Rules On Landlords Liabilities For Repairs

Supreme Court Rules On Landlords Liabilities For Repairs

A Supreme Court Ruling states that property landlords cannot be held responsible for repairs that they have no knowledge of, and any consequences of them.

A sub tenant who had the right to use common areas of a block of flats they resided in stumbled while walking to his flat and fell on a paving slab that was sticking up. As a result he made a claim for compensation for his injuries, believing the leaseholder should have repaired the uneven path.

The judge decided in his favour and the Court of Appeal also agreed and damages of £3,750 were awarded. The leaseholder however decided to challenge that decision because he was not aware that repairs were needed and therefore couldn’t be blamed. The Supreme Court accepted the challenge on that basis.

The sub tenant used the path regularly and therefore should have noticed the problem with the path and reported it to enable repairs to be made. It was not the leaseholder who used the path and he would not know unless he was told. The Court further found that the pathway could not be seen from the outside of the building or the hall as the sub tenant claimed  using Section 11 of the Landlord and Tenant Act 1985 to suggest the leaseholder had a duty to look after the buildings structure and exterior.

At Seatons we provide a range of legal services for property landlords. For more information see our dedicated Landlord Services section of our site or contact us by telephone at our Corby office on 01536 276300 or call our Kettering office on 01536 311690 or simply get in touch online by clicking here.

 

 

 

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