Palmer v Sandwell MBC
Palmer v Sandwell MBC
- 1987
- Estates Gazette 284(6364) 12 December 1987, 1487-1496(7) .
CA 8 October 1987.The plaintiff (P) became a council tenant. signing a " tenancy form " setting out details of the rent. It did not refer expressly to obligations of the landlord although it was a tenancy in which obligations were imposed on landlords by Housing Act 1961 s32 . The house was of the Bison wall frame construction system and suffered from serious condensation . Small scale attempts to remedy the problem failed. The legal obstacle P faced in claiming damages was that the implied repairing obligations imposed on the council by the 1961 Act did not cover defects due to the original design . After introduction of the Housing Act 1980 the council issued guidance for a proposed `tenants charter` to include a clause obliging the landlord to repair design or material faults. P assumed this was now part of her tenancy agreement leading her to institute proceedings against the council in September 1983. The court found in her favour awarding 2,000 damages. P appealed to increase t
COUNCIL TENANCY
PRC HOUSES
CA 8 October 1987.The plaintiff (P) became a council tenant. signing a " tenancy form " setting out details of the rent. It did not refer expressly to obligations of the landlord although it was a tenancy in which obligations were imposed on landlords by Housing Act 1961 s32 . The house was of the Bison wall frame construction system and suffered from serious condensation . Small scale attempts to remedy the problem failed. The legal obstacle P faced in claiming damages was that the implied repairing obligations imposed on the council by the 1961 Act did not cover defects due to the original design . After introduction of the Housing Act 1980 the council issued guidance for a proposed `tenants charter` to include a clause obliging the landlord to repair design or material faults. P assumed this was now part of her tenancy agreement leading her to institute proceedings against the council in September 1983. The court found in her favour awarding 2,000 damages. P appealed to increase t
COUNCIL TENANCY
PRC HOUSES