Grand v Gill [2011] EWCA Civ 554 (19 May 2011) The question of whether plaster on a wall is part of the “structure” (and therefore part of the landlords duty to keep in repair under section 11 Landlord and Tenant Act 1985) has been a long running one. Background to the question of whether plaster is part of the structure In Quick v. Taff Ely Borough Council [1986] QB 809 the landlord council conceded for the purposes of the appeal...

In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.( Landlord and Tenant Act 1985, s 11(6). Where the right to manage...

O’Brien and Another v. Robinson [1973] 2 W.L.R. 393 House of Lords HL Lord Reid, Lord Morris of Borth-Y-Gest, Lord Diplock, Lord Simon of Glaisdale and Lord Cross of Chelsea The first appellant was tenant and the respondent was landlord of a dwelling house to which section 32 of the Housing Act 1961 applied, so that there was an implied covenant by the respondent to keep in repair the structure and exterior of the dwelling house. The first...

Requirement of notice Where the landlord covenants to keep in repair property which is the possession of the tenant, his obligation is subject to an implied term to the effect that his liability does not arise until he has notice of the defect. ([Makin v Watkinson (1870) L.R. 6 Ex. 24]; [Torrens v Walker [1906] 2 Ch.166]; see also Pembery v Lamdin [1940] 2 All E.R. 434. There is no need to plead the notice: Ord. 18, r. 7(4)) This implied term...

Alker v Collingwood Housing Association – [2007] 2 EGLR 43 Court of Appeal, Laws, Carnwath and Moore-Bick L.JJ. February 7, 2007 The claimant tenant occupied premises owned by the defendant landlord. Her tenancy agreement required the landlord to repair and maintain the structure and exterior of the building. The front door to the property contained glass panels made of ordinary toughened glass; such glass panels were known to constitute...