Barrett v Lounova (1982) Ltd
Barrett v Lounova (1982) Ltd
- 1988
- Estates Gazette (8836) 10 September 1988, 184-190(4) .
CA 22 June 1988. An appeal by the landlords (L) against a decision in the county court which favoured the tenant (B), concerning the issue of repairs to a house. The tenancy contained a covenant that B would undertake to keep the inside of the house in a good state of repair and allow L access for all reasonable purposes. However, there was no express covenant on either B or L to keep the outside in repair. The issue arose as to whether L were under an implied obligation to keep the outside in repair. The outside fell into such a state of disrepair that B brought an action for damages in the county court. L denied liability and the Assistant Recorder found in favour of B. L appealed. On appeal it was held that B`s obligation to repair the inside of the property sooner or later could not be carried out unless the outside was kept in repair; the obligation to repair must fall on someone and that could only be the landlords. Appeal dismissed.
DEFECTIVE PREMISES ACT 1972
CA 22 June 1988. An appeal by the landlords (L) against a decision in the county court which favoured the tenant (B), concerning the issue of repairs to a house. The tenancy contained a covenant that B would undertake to keep the inside of the house in a good state of repair and allow L access for all reasonable purposes. However, there was no express covenant on either B or L to keep the outside in repair. The issue arose as to whether L were under an implied obligation to keep the outside in repair. The outside fell into such a state of disrepair that B brought an action for damages in the county court. L denied liability and the Assistant Recorder found in favour of B. L appealed. On appeal it was held that B`s obligation to repair the inside of the property sooner or later could not be carried out unless the outside was kept in repair; the obligation to repair must fall on someone and that could only be the landlords. Appeal dismissed.
DEFECTIVE PREMISES ACT 1972