CA 29 November 1988. An appeal by the tenant (M) from a County Court decision, dismissing a claim for damages against the landlords (L). Briefly, M became the tenant of a council flat. After a year problems of condensation became apparent as the block had not been built to cope with modern heating systems. M brought an action against L claiming that it was in breach of the repairing covenant under the Landlord and Tenant Act 1985 S11 after L declined to make structural changes to alleviate the problem. The County Court dismissed the claim and M appealed, claiming negligence in that L were in breach of a duty of care. M`s appeal was dismissed. The judge considered the decision in Cavalier v Pope , where a landlord letting a house in a dangerous state was not liable to the tenants` guests for any accident occuring to them as visitors. The rule in Cavalier v Pope was binding. Appeal dismissed.