Three Valleys Water Plc v Fradkina [2001] EWCA Civ 826 (14 May 2001)

Three Valleys Water Plc v Fradkina [2001] EWCA Civ 826 (14 May 2001)

By operation of sections 142 and 144 of the Water Industry Act 1991, the applicant, as occupier, is primarily liable for water rates to the water company, regardless of any private agreement with the landlord, unless the water company is a party to such agreement. The applicant has no defence to the water company's claim.

Citation
[2001] EWCA Civ 826
Parties
Claimant/respondent: Three Valleys Water PLC; Defendant/applicant: Raisa Fradkina
Jurisdiction
England and Wales
Judgment Date
14 May 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Liability for Water Rates, Statutory Interpretation, Occupier Liability, Lease Agreements
Contract Law Landlord and Tenant Law Utilities Law Liability for Water Rates Statutory Interpretation Occupier Liability Lease Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Three Valleys Water PLC

Claimant/respondent

Raisa Fradkina

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the tenant or landlord is liable for water rates under the Water Industry Act 1991
  2. 2 Whether an agreement between tenant and landlord affects the statutory liability to the water company
  3. 3 Whether the applicant has a valid defence against the water company's claim

Ratio Decidendi

By operation of sections 142 and 144 of the Water Industry Act 1991, the applicant, as occupier, is primarily liable for water rates to the water company, regardless of any private agreement with the landlord, unless the water company is a party to such agreement. The applicant has no defence to the water company's claim.

Court Disposition

Application dismissed

Orders

  • No order for costs