Repair of path
Repair of path
- 1991
- Estates Gazette Case Summaries (1991) EGCS 114 (23/11/91) .
"King v South Northamptonshire DC" CA 12 November 1991, It was held that the council did have an implied obligation to keep the easement in repair. The passing of title to adjoining properties had no effect on the council`s duty to maintain access, which was essential to the tenants. The path was part of the exterior of the house and under Landlord and Tenant Act 1985 s11 the landlord was in breach of statutory duty not to repair.
ACCESS
EASEMENTS
IMPLIED OBLIGATIONS
LANDLORDS
REPAIRS
"King v South Northamptonshire DC" CA 12 November 1991, It was held that the council did have an implied obligation to keep the easement in repair. The passing of title to adjoining properties had no effect on the council`s duty to maintain access, which was essential to the tenants. The path was part of the exterior of the house and under Landlord and Tenant Act 1985 s11 the landlord was in breach of statutory duty not to repair.
ACCESS
EASEMENTS
IMPLIED OBLIGATIONS
LANDLORDS
REPAIRS