Quick v Taff-Ely Borough Council [1985] EWCA Civ 1 (29 July 1985)

Quick v Taff-Ely Borough Council [1985] EWCA Civ 1 (29 July 1985)

The council's repairing covenant under section 32 of the Housing Act 1961 did not require remedying inherent defects such as single-glazed metal windows or uninsulated lintels unless there was physical damage to the structure or exterior. In this case, except for minor rot in window surrounds and some plaster damage, there was no such disrepair. Remedying condensation by replacing windows and lintels was not required under the covenant.

Citation
[1985] EWCA Civ 1
Parties
Respondent/plaintiff: Quick; Appellant/defendant: Taff-Ely Borough Council
Jurisdiction
England and Wales
Judgment Date
29 July 1985
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Pontypridd County Court Decision
Outcome
Appeal allowed
Legal Topics
Repairing Covenants, Implied Statutory Covenants, Condensation and Housing Disrepair, Extent of Landlord's Repair Obligations, Inherent Defects in Buildings
Landlord and Tenant Housing Law Contract Law Repairing Covenants Implied Statutory Covenants Condensation and Housing Disrepair Extent of Landlord's Repair Obligations Inherent Defects in Buildings

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Quick

Respondent/plaintiff

Taff-Ely Borough Council

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Pontypridd County Court Decision

Legal Issues

  1. 1 Whether condensation and resulting living conditions constituted disrepair under the landlord's statutory repairing covenant
  2. 2 Whether remedying inherent defects (e.g., single-glazed metal windows, uninsulated lintels) falls within the scope of repair under section 32 of the Housing Act 1961
  3. 3 Whether the council was liable to replace windows and lintels as part of its repairing obligation

Ratio Decidendi

The council's repairing covenant under section 32 of the Housing Act 1961 did not require remedying inherent defects such as single-glazed metal windows or uninsulated lintels unless there was physical damage to the structure or exterior. In this case, except for minor rot in window surrounds and some plaster damage, there was no such disrepair. Remedying condensation by replacing windows and lintels was not required under the covenant.

Court Disposition

Appeal allowed

Orders

  • Order of the county court judge set aside except as to costs and legal aid taxation
  • Case remitted to county court for reassessment of damages limited to minor disrepair (window surrounds and plaster)