Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013) relates to repairing obligations on commercial premises but it’s worthy of note because it contains general information about duties of repair which will equally apply to residential premises.
Ms Flores was the tenant of commercial premises at 104 and adjoining 106, Cromer Street, London, WC1 under two leases (one for each building) from the the landlord, Community Housing Association Limited (“CHAL”), from June 2000. The rents being £5,500 and £9,000 per annum respectively.
Under both leases the tenants covenanted to put and keep the demised premises in good and substantial repair, decoration and condition (clause 5(6)(b)) and to decorate them every three years (clause 5(6)(c)) but there was no corresponding covenant by the landlord to repair those parts of the building which it had retained. Instead its only express covenants were that the tenant should have quiet enjoyment of the demised premises (clause 7(1)) and an insurance covenant (clause 7(2)) which (so far as material) was in these terms:
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Hi Adrian,
Does this cover damage to things like tenant’s belongings or is that another matter?
Hello
As a rule yes it would … See the O’brien case where cepling fell in and damaged tenants goods
Many thanks
Guild of Residential Landlords
This article is inaccurate and the case is has been put to the supreme court. I, Ms Flores formerly Jo Gavin asked for an implied obligation 5(22) that the landlord does not break the terms of the insurance by failing to repair which made them void our insurance (amounting to a repairing obligation the same thing under a different construction). Insurance was never paid to me as it has been inaccurately stated in judgment. See http://www.legalaidcuts.blogspot.com