Plaster – Is it Part of Structure?

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...

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“External parts”, “windows”, “structure”, “drains”, etc.

External parts A covenant to repair the external parts of a demised house comprises the partition wall between it and an adjoining house, even though the wall is not exposed to the elements, because the external parts of premises are defined as those which form the enclosure of them, and beyond which no part of them extends. [Green v Eales (1841) 2 Q.B. 225; Pembery v Lamdin, [1940] 2 All E.R. 43, CA.]  So where the local authority pulled down...

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