Edwards v Kumarasamy
Liability under the extended statutory repairing covenant applies to disrepair in common parts outside the demised premises in which the landlord has an estate or interest, and arises without the requirement for notice; the paved area was part of the exterior of the front hall, and the landlord was liable for the tenant's injury.
- Parties
- Appellant: Samuel Edwards; Respondent: Baladas Kumarasamy
- Jurisdiction
- England and Wales
- Judgment Date
- 28 January 2015
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Implied Repairing Covenants, Notice Requirement, Statutory Interpretation, Liability for Disrepair, Personal Injury
Case Brief
Summary, issues, holding and outcome
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Parties
Samuel Edwards
Appellant
Baladas Kumarasamy
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether landlord is liable for injuries caused by disrepair in common parts under section 11 of the Landlord and Tenant Act 1985
- 2 Whether notice of defect is required before landlord's liability arises under the extended covenant
- 3 Whether the paved area is part of the structure or exterior covered by the statutory covenant
Ratio Decidendi
Liability under the extended statutory repairing covenant applies to disrepair in common parts outside the demised premises in which the landlord has an estate or interest, and arises without the requirement for notice; the paved area was part of the exterior of the front hall, and the landlord was liable for the tenant's injury.
Court Disposition
appeal allowed
Orders
- Judgment for Mr Edwards reinstated
- Damages of £3,750 awarded to Mr Edwards
Full Case Text
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