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Alker V Collingwood Housing Association [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWCA Civ 343, 7 February 2007. The landlord (C) appealed against a decision that it had breached the Defective Premises Act 1972 s4. The tenant (A) had accidentally put her hand through glass in the front door of the premises rented to her, causing herself injury. It was not safety glass but annealed glass, which had been understood to present a safety hazard since at least 1963. A argued that the obligation to keep the premises in good condition applied to the state of the pane of glass and had not been carried out. "Held": A duty to "keep in good condition", even if it encompassed a duty to put in good condition, could not include a duty to make safe. A house might present many hazards but the 1972 Act did not require a landlord, under the burden of section 4 alone, to make safe any such dangerous feature. If the decision were to stand, it would transform section 4 beyond its intention as a covenant to keep in good condition, to a covenant to make safe. This was not its intention, and was for Parliament to alter if it saw fit. Appeal allowed.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 139734-1001

[2007] EWCA Civ 343, 7 February 2007. The landlord (C) appealed against a decision that it had breached the Defective Premises Act 1972 s4. The tenant (A) had accidentally put her hand through glass in the front door of the premises rented to her, causing herself injury. It was not safety glass but annealed glass, which had been understood to present a safety hazard since at least 1963. A argued that the obligation to keep the premises in good condition applied to the state of the pane of glass and had not been carried out. "Held": A duty to "keep in good condition", even if it encompassed a duty to put in good condition, could not include a duty to make safe. A house might present many hazards but the 1972 Act did not require a landlord, under the burden of section 4 alone, to make safe any such dangerous feature. If the decision were to stand, it would transform section 4 beyond its intention as a covenant to keep in good condition, to a covenant to make safe. This was not its intention, and was for Parliament to alter if it saw fit. Appeal allowed.