Alker v Collingwood Housing Association [2007] EWCA Civ 343 (07 February 2007)

Alker v Collingwood Housing Association [2007] EWCA Civ 343 (07 February 2007)

The landlord's duty under section 4 of the Defective Premises Act 1972 does not extend to making safe features that are not in disrepair; the glass panel, though dangerous, was not in disrepair and thus did not constitute a 'relevant defect' under the Act. The duty is limited to repair and maintenance, not to a general obligation to ensure safety.

Citation
[2007] EWCA Civ 343
Parties
Claimant/respondent: Alker; Defendant/appellant: Collingwood Housing Association
Jurisdiction
England and Wales
Judgment Date
07 February 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Defective Premises Act 1972, Landlord's Duty to Repair, Statutory Interpretation, Personal Injury Liability
Landlord and Tenant Tort Defective Premises Act 1972 Landlord's Duty to Repair Statutory Interpretation Personal Injury Liability

Case Brief

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Parties

Alker

Claimant/respondent

Collingwood Housing Association

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the use of ordinary annealed glass in a door constituted a 'relevant defect' under section 4 of the Defective Premises Act 1972
  2. 2 Whether a landlord's duty to repair or maintain includes a duty to make safe features that are not in disrepair

Ratio Decidendi

The landlord's duty under section 4 of the Defective Premises Act 1972 does not extend to making safe features that are not in disrepair; the glass panel, though dangerous, was not in disrepair and thus did not constitute a 'relevant defect' under the Act. The duty is limited to repair and maintenance, not to a general obligation to ensure safety.

Court Disposition

Appeal allowed

Orders

  • Judgment for the claimant set aside
  • Claim under section 4 of the Defective Premises Act 1972 dismissed