000 01860cab a22002295a 4500
001 L139734
008 070807e20070207xxk f w 000 0 eng d
035 _a(Sirsi) u139734
041 0 _aeng
245 0 0 _aAlker V Collingwood Housing Association
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 343, 7 February 2007. The landlord (C) appealed against a decision that it had breached the Defective Premises Act 1972 s4. The tenant (A) had accidentally put her hand through glass in the front door of the premises rented to her, causing herself injury. It was not safety glass but annealed glass, which had been understood to present a safety hazard since at least 1963. A argued that the obligation to keep the premises in good condition applied to the state of the pane of glass and had not been carried out. "Held": A duty to "keep in good condition", even if it encompassed a duty to put in good condition, could not include a duty to make safe. A house might present many hazards but the 1972 Act did not require a landlord, under the burden of section 4 alone, to make safe any such dangerous feature. If the decision were to stand, it would transform section 4 beyond its intention as a covenant to keep in good condition, to a covenant to make safe. This was not its intention, and was for Parliament to alter if it saw fit. Appeal allowed.
590 _aKA
650 2 4 _aDEFECTIVE PREMISES ACT 1972 S4
650 2 4 _aALKER V COLLINGWOOD HOUSING ASSOCIATION
650 2 4 _aMCAULEY V BRISTOL CITY COUNCIL
650 2 4 _aRATCLIFFE V SANDWELL MBC
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/343.html
_zView the judgement free of charge at www.bailii.org...
942 _n0
999 _c79075
_d79075