Property Hawk the landlord's homepage since 2006
Free Tenancy Agreement FREE tenancy agreement
Free Landlord Software FREE landlord software
Home | Property Manager | Free ASTs | Landlord Forms | Mortgages | Insurance | Inventory | Magazine | Landlords Bible | Directory | Forum | Training | News / Blog |

Thursday, May 19, 2011

Plaster is part of premises

We've just had this release through for those legal eagles out there -

NOTE : We bring landlords in depth information, we're not just about 'scratching the surface', because following this new precedent we could be liable for any repairs... get it.

Court of Appeal decides that plaster forms part of the structure of a premises

On Thursday 19th June in the case of Grand v Gill [2011] EWCA Civ 554 the Court of Appeal ruled on an issue that has vexed housing practitioners for over 25 years – when a house or flat is let on a short lease governed by section 11 of the Landlord and Tenant Act 1985. does the landlord have to repair plaster damage or not?

In the first instance decision of Irvine v Moran (1992) the High Court held that the landlord did not, because it did not form past of ‘the structure’ of the premises as required by the repairing obligation contained in section 11.

John de Waal, a barrister at Hardwicke chambers, said: “Three cases in the Court of Appeal have failed to deal with the issue. Today’s decision says clearly and decisively that plaster does form part of the structure of the premises and therefore the landlord must repair it when necessary. The decision has been awaited by housing practitioners and is of great interest to local authority and social housing landlords in particular since the question comes up in tenant’s disrepair claims all the time. Until now, landlords could refuse to repair plaster or pay compensation unless the damage was caused by a relevant repairing defect. That meant, for example, that damage to plaster caused by damp which was caused poor ventilation or the lack of an effective central heating system was something for which the landlord was not liable. That position has now changed.’

The lead judgment was given by Lord Justice Rimer. Lord Justice Thomas said: “Plaster forming part of or applied to walls and ceilings is part of the structure of the premises”. Lord Justice Lloyd said: “ a general proposition, ..plaster forming part of or applied to walls and ceilings is part of the structure of the relevant premises.”

The appeal was brought by the tenant Ms Tanya Grand against a decision of Judge Karsten QC in the Central London County Court in which he refused to award compensation for damage to plasterwork in a flat she rented from her landlord Mr Param Gill.

Free property management software, Free tenancy agreements
Bookmark and Share

No comments: