O'Connor & Ors v Old Etonian Housing Association Ltd. [2002] EWCA Civ 150 (20th February, 2002)

O'Connor & Ors v Old Etonian Housing Association Ltd. [2002] EWCA Civ 150 (20th February, 2002)

The obligation to keep installations in 'proper working order' under section 11(1)(b) of the Landlord and Tenant Act 1985 requires that, at the commencement of the tenancy, installations must be capable of performing their function under reasonably anticipated supply conditions. The landlord is not liable for failures caused solely by unanticipated or temporary changes in supply outside their control. The assumed facts did not permit a finding of liability without further factual determination.

Citation
[2002] EWCA Civ 150
Parties
Claimants/respondents: O’Connor and Others; Appellants/defendants: Old Etonian Housing Association Ltd
Jurisdiction
England and Wales
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From High Court (chancery Division)
Outcome
Appeal allowed
Legal Topics
Implied Covenants, Repair and Maintenance Obligations, Statutory Construction, Water Supply in Tenancies
Landlord and Tenant Property Law Implied Covenants Repair and Maintenance Obligations Statutory Construction Water Supply in Tenancies

Case Brief

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Parties

O’Connor and Others

Claimants/respondents

Old Etonian Housing Association Ltd

Appellants/defendants

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 What is the scope of the obligation to keep water supply pipes in 'proper working order' under section 11(1)(b) of the Landlord and Tenant Act 1985?
  2. 2 Does the obligation require installations to be capable of functioning under all reasonably anticipated supply conditions?
  3. 3 Is the landlord obliged to adapt installations if supply characteristics change after the tenancy commences?

Ratio Decidendi

The obligation to keep installations in 'proper working order' under section 11(1)(b) of the Landlord and Tenant Act 1985 requires that, at the commencement of the tenancy, installations must be capable of performing their function under reasonably anticipated supply conditions. The landlord is not liable for failures caused solely by unanticipated or temporary changes in supply outside their control. The assumed facts did not permit a finding of liability without further factual determination.

Court Disposition

Appeal allowed

Orders

  • Claimants' costs in the cause
  • Matter remitted to Clerkenwell County Court for case management conference if compromise not reached