000 02199cab a2200277 4500
001 ##ABS67530
008 040302n2004 000 0 eng u
035 _a(Sirsi) u125289
041 0 _aeng
245 0 0 _aNiazi Services Ltd v Johannes Marinus Henricus van der Loo
260 _c2004
490 0 _aEstates Gazette
_v[2004] 17 EG 130-135(6)
520 _a[2004] EWCA (Civ) 53, 10 February 2004. Appeal by claimant (N), long leaseholder of a flat resided in by respondent sub-tenant (V), against the judge's order of damages in favour of V in respect of disrepair of items suffered by V, in particular, inadequate water pressure. N appealed on the grounds that it had no liability for the water pressure problems, caused by pipework installed elsewhere in the building.The court had to consider the construction of Landlord and Tenant Act 1985 s11(1A)(b)(i) under which the landlord's duty extends to the maintenance of any installation which forms part of any part of a building in which the lessor has an estate. "Held" appeal allowed in part. No previous authority provided guidance in the construction of S11(1A)(b)(i) of the Act and the statute referred to an installation that formed part of any part of a building not to one that formedpart of a building in which the lessor had an estate or interest. The true construction was that the appellant's maintenance liabilities encompassed only those parts of the building in which it had an interest. V failed to demonstrate that N had such an interest in the part of the building where the defective installation was located.
590 _aABS
650 2 4 _aCALABAR PROPERTIES LTD V STITCHER
650 2 4 _aBRENT LBC V CARMEL
650 2 4 _aSTUROLOSON V MAUROUX
650 2 4 _aMCCOY V CLARKE
650 2 4 _aLANDLORD AND TENANT ACT 1985 S11(1A)(B)(I)
650 2 4 _aHOUSING ACT 1988
650 2 4 _aCHIODI V DE MARNEY
650 2 4 _aNIAZI SERVICES LTD V VAN DER LOO
690 _aPROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-DILAPIDATIONS-DILAPIDATIONS SCHEDULES
856 _uhttps://www.courtservice.gov.uk/judgmentsfiles/j2282/niazi-v-van-der-loo.htm
_zView judgment free of charge at www.courtservice.gov.uk...
942 _n0
999 _c74207
_d74207