M'coard v. Mickel [1913] ScotLR 682 (16 May 1913)

M'coard v. Mickel [1913] ScotLR 682 (16 May 1913)

The tenant was liable for damage caused by burst pipes because she failed to notify the landlord of her absence and did not take reasonable precautions (such as turning off the water) to prevent foreseeable harm during winter. The duty of reasonable diligence required at least notification to the landlord if the tenant could not secure the property herself.

Citation
[1913] ScotLR 682
Parties
Pursuer: Robert Mickel; Defender: Mrs Sarah M'Coard
Jurisdiction
Scotland
Judgment Date
16 May 1913
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Second Division
Outcome
Appeal dismissed in part; defender found liable for damage up to 26th January 1910.
Legal Topics
Tenant's Duty of Care, Negligence, Damage to Property, Notification Obligations
Landlord and Tenant Property Law Tenant's Duty of Care Negligence Damage to Property Notification Obligations

Case Brief

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Parties

Robert Mickel

Pursuer

Mrs Sarah M'Coard

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Second Division

Legal Issues

  1. 1 Is a tenant liable for damage caused by burst water pipes during their absence if they failed to turn off the water or notify the landlord?
  2. 2 What constitutes a reasonable degree of diligence by a tenant in preserving leased property from harm?

Ratio Decidendi

The tenant was liable for damage caused by burst pipes because she failed to notify the landlord of her absence and did not take reasonable precautions (such as turning off the water) to prevent foreseeable harm during winter. The duty of reasonable diligence required at least notification to the landlord if the tenant could not secure the property herself.

Court Disposition

Appeal dismissed in part; defender found liable for damage up to 26th January 1910.

Orders

  • Interlocutor of Sheriff-Substitute recalled.
  • Defender (tenant) found responsible for damage caused prior to afternoon of 26th January 1910.