Argue v Northern Ireland Housing Executive [2016] NICA 18 (5 April 2016)

Argue v Northern Ireland Housing Executive [2016] NICA 18 (5 April 2016)

Section 2 of the Defective Premises (Landlord’s Liability) Act (Northern Ireland) 2001 does not impose strict liability on landlords with a right of entry to repair; liability arises only where the landlord has actual or constructive knowledge of the defect. The duty of care is the same as that imposed on landlords with an obligation to repair, and knowledge or means of knowledge is required in both cases.

Citation
[2016] NICA 18
Parties
Plaintiff/appellant: Pauline Argue; Defendant/respondent: Northern Ireland Housing Executive
Jurisdiction
Northern Ireland
Judgment Date
05 April 2016
Procedural Posture
Appeal / Judgment on Appeal From Trial Court Decision
Outcome
Appeal dismissed
Legal Topics
Landlord's Liability for Defective Premises, Duty of Care, Statutory Interpretation, Personal Injury
Tort Law Landlord and Tenant Law Landlord's Liability for Defective Premises Duty of Care Statutory Interpretation Personal Injury

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Parties

Pauline Argue

Plaintiff/appellant

Northern Ireland Housing Executive

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Trial Court Decision

Legal Issues

  1. 1 Does Section 2 of the Defective Premises (Landlord’s Liability) Act (Northern Ireland) 2001 impose strict liability on landlords with a right of entry to repair, regardless of knowledge of the defect?
  2. 2 Is knowledge (actual or constructive) of the defect required for landlord liability under the Act?

Ratio Decidendi

Section 2 of the Defective Premises (Landlord’s Liability) Act (Northern Ireland) 2001 does not impose strict liability on landlords with a right of entry to repair; liability arises only where the landlord has actual or constructive knowledge of the defect. The duty of care is the same as that imposed on landlords with an obligation to repair, and knowledge or means of knowledge is required in both cases.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed and decision of Maguire J affirmed