Supreme Court overturns decision in Edwards v Kumarasemy
Sun 17 Jul 2016
The Supreme Court has overturned an earlier judgement by the Court of Appeal in an important case for landlords of flats.
In Edwards v Kumarasemy the tenant tripped on a path outside the block of flats where he lived, injuring his knee.The landlord did not own the block or the path but he did own a leasehold flat within the block. The path was the means of access to the flat. The tenant took a disrepair claim against the landlord under secion 111 of the Landlord and Tenant Act 1985. In February, the Court of Appeal ruled that the landlord was liable for defects to the common parts of the building, even if he was not the owner and did not know about the defects.
However the Supreme Court has now overturned this decision ruling that repairing obligations only extend to the structure and exterior of the building itself. Significantly it also ruled that these obligations relating to common parts of the building are only triggered when the landlord has had notice of any disrepair.
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