Supreme Court rules landlord not liable for tenant injury

Mr Edwards, an assured shorthold tenant of a flat, sued claiming damages for personal injury. This was allegedly suffered from tripping on an uneven paving stone, on a pathway leading from the main door of the block to the parking area.

By law, a tenant has the right to expect substantial repair and maintenance, of common parts, the structure and exterior of the building, as per Section 11 of the Landlord and Tenant Act 1985. This is supposedly included as an implied covenant within the tenancy and covers any part of the building of which the landlord has an estate or interest.

Although here the landlord had “sufficient interest” and was in breach of this covenant, the Supreme Court found that a clause in the head lease restricted liability to cases where the tenant gave notice of the defect and the landlord has had a reasonable opportunity to remedy the defect.

Mr Edwards had failed to give notice of any defect and consequently Mr Kumarasamy was not liable for the disrepair.

The Court’s reasoning derives from the fact Parliament did not impose an unrealistic demanding duty upon landlords to repair common parts, when they are in no position to have knowledge of the repair required and the tenant omits to provide reasonable notice.

Landlords will, of course, take note from this case of the potential liability they are under for the safety of the tenants in the building once put on notice of a defect requiring repair.