North British Storage and Transit Co., Ltd v. Burness and Others (Steele's Trustees) [1920] ScotLR 155 (08 January 1920)

North British Storage and Transit Co., Ltd v. Burness and Others (Steele's Trustees) [1920] ScotLR 155 (08 January 1920)

The landlord is not liable for the tenant's loss because the drainage system, though antiquated, was authorised and had functioned without mishap for nearly thirty years; the flooding was caused by a choke likely due to a third party's negligence, not any fault or negligence of the landlord. The absence of a sealed lid on the grease box did not constitute a defect that necessarily or probably led to the damage. The landlord's obligation to keep the premises wind and water tight does not extend to exceptional occurrences such as this.

Citation
[1920] ScotLR 155
Parties
Pursuer: North British Storage and Transit Company, Limited; Defender: James Burness and others (Steele's Trustees)
Jurisdiction
Scotland
Judgment Date
08 January 1920
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
appeal allowed; defenders assoilzied (absolved from liability)
Legal Topics
Landlord's Liability, Obligation to Repair, Wind and Water Tightness, Negligence, Damages, Lease, Reparation
Landlord and Tenant Property Law Tort/delict Landlord's Liability Obligation to Repair Wind and Water Tightness Negligence Damages +2 more

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Parties

North British Storage and Transit Company, Limited

Pursuer

James Burness and others (Steele's Trustees)

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Is a landlord liable in damages to a tenant for loss caused by flooding due to a choked drain where the drainage system was of an antiquated but authorised design and the cause of the choke was likely the negligence of a third party?
  2. 2 Does the absence of a sealed lid on an internal grease box constitute a defect rendering the landlord liable for consequential damage?
  3. 3 What is the extent of a landlord's obligation to keep premises wind and water tight and in tenantable condition?

Ratio Decidendi

The landlord is not liable for the tenant's loss because the drainage system, though antiquated, was authorised and had functioned without mishap for nearly thirty years; the flooding was caused by a choke likely due to a third party's negligence, not any fault or negligence of the landlord. The absence of a sealed lid on the grease box did not constitute a defect that necessarily or probably led to the damage. The landlord's obligation to keep the premises wind and water tight does not extend to exceptional occurrences such as this.

Court Disposition

appeal allowed; defenders assoilzied (absolved from liability)

Orders

  • Interlocutor of the Lord Ordinary recalled
  • Defenders assoilzied (absolved from liability)