Alker v Collingwood Housing Association

Alker v Collingwood Housing Association

The presence of ordinary annealed glass, though hazardous, did not constitute a 'relevant defect' under section 4 of the Defective Premises Act 1972 because the glass was not in disrepair and there was no failure to repair or maintain; the landlord's obligation did not extend to making safe features that were not in disrepair.

Parties
Claimant/respondent: Alker; Defendant/appellant: Collingwood Housing Association
Jurisdiction
England and Wales
Judgment Date
07 February 2007
Procedural Posture
Civil Appeal / Appeal From Manchester County Court Judgment
Outcome
Appeal allowed
Legal Topics
Statutory Duty Under Defective Premises Act 1972, Repairing Covenants, Landlord Liability for Personal Injury
Landlord and Tenant Law Tort Law Statutory Duty Under Defective Premises Act 1972 Repairing Covenants Landlord Liability for Personal Injury

Case Brief

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Parties

Alker

Claimant/respondent

Collingwood Housing Association

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Manchester County Court Judgment

Legal Issues

  1. 1 Does the presence of ordinary annealed glass (not safety glass) in a door constitute a 'relevant defect' under section 4 of the Defective Premises Act 1972?
  2. 2 Does a landlord's obligation to repair or maintain premises under a tenancy agreement extend to a duty to make safe features that are not in disrepair?

Ratio Decidendi

The presence of ordinary annealed glass, though hazardous, did not constitute a 'relevant defect' under section 4 of the Defective Premises Act 1972 because the glass was not in disrepair and there was no failure to repair or maintain; the landlord's obligation did not extend to making safe features that were not in disrepair.

Court Disposition

Appeal allowed

Orders

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