Source: All England Reporter
Publisher Citation: [2002] All ER (D) 124 (Jan)
Neutral Citation: [2002] EWCA Civ 06
Court: Court of Appeal, Civil Division
Judge:

Chadwick, Tuckey LJJ and Sir Murray Stuart-Smith

Representation Kim Lewison QC and Stephen Knafler (instructed by Ward Dewhurst, Birmingham) for the appellants in both appeals.
  Andrew Arden QC, Christopher Baker and Christopher Dodd (instructed by Leeds City Council) for the respondents in the first appeal.
  Andrew Arden QC and Christopher Baker (instructed by Sandwell Metropolitan Borough Council) for the respondents in the second appeal.
Judgment Dates: 21 January 2002

Catchwords

Landlord and tenant - Implied covenant to repair - Duty of landlord to keep in repair structure and exterior of the dwelling house - Premises let by local authority - Demised premises having inherent defect causing severe condensation and damp - Whether premises in disrepair - Whether local authority under duty to eradicate inherent defect - Whether local authority in breach of implied covenant to 'repair' - Whether local authority breaching tenant's human rights - ss 8, 11 - s 4 - s 6 - European Convention on Human Rights, art 8.

The Case

The did not affect the principle that the statutory obligation of a landlord to keep in repair the structure of a dwelling house did not extend to the rectification of design faults unless the effect of the design fault was that the structure was out of repair.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.