O’Brien and Another v. Robinson [1973] 2 W.L.R. 393 House of Lords HL
Please see this article for more in-depth analysis of repairing duties including this case.
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 appellant and his wife, the second appellant, were injured when the bedroom ceiling fell on them, and they brought an action against the respondent for damages for breach of his implied covenant. Three years before the accident tenants of the respondent in the flat above had caused violent vibration by frequent and prolonged dancing and banging on the floor, and in subsequent court proceedings it had been suggested by the appellant that, if nothing was done to stop it, the ceiling would fall. The nuisance was then abated and thereafter no defects in the ceiling became visible:-
Held:
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