On sewer covers, gardens and responsibilities

Rogerson v Bolsover District Council (2019) EWCA Civ 226 A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect. Ms R was Bolsover DC’s tenant. The property was a house with a front garden. The tenancy began in […]

Bannisters that never were.

You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once… Sternbaum v Dhesi [2016] EWCA Civ 155 Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) Both can be dealt with fairly quickly and together, as the courts follow the […]

Of sink holes and strict liability

 Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB) Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why. Ms L was the tenant of Newark […]

Shut that (undemised) door!

Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v Fletcher in the High Court, but appearing to reach quite different conclusions on […]

Mind the Step 2 – The bannister that wasn’t

This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC 1437 (QB) Mr Hannon was a heating engineer, carrying […]

Mind the Step 1 – Semi gloss

What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and stairs, or rather in relation to the falling off of stairs […]

The (Caveat) Emptor strikes back

“All his life has he looked away… to the future, to the horizon. Never his mind on where he was. Hmm? What he was doing. Hmph. Adventure. Heh. Excitement. Heh. A Jedi craves not these things. You are reckless” – Yoda Which brings us nicely to (1) Jenson (2) Jenson v Faux [2011] EWCA Civ […]