Section 11 Landlord and Tenant Act LTA 1985 - Edwards v Kumarasamy 2015

Section 8 and 11 of the  Landlord and Tenant Act 1985:

  • Landlords must maintain the structure of the property 
  • See Repairs
  • Edwards v Kumarasamy 2015 - The Court of Appeal held: landlords are responsible for access to a property not necessarily in their control.  
  • A block of flats may be owned by many owners but, if the entrance flagstones are dangerous, the landlord of the injured lessee has a duty of care to proactively ensure the access (an easement) is safe.  
  • Notices - The tenant must report an internal defect even if outside the landlord's control, but the tenant need not report a common area defect.  The landlord is expected to know through proctive due diligence!
  • It is irrelevant as to how many other owners are responsible for the commonhold and common parts areas.  
  • The tenant or in this case the lessee's landlord is automatically responsible.  
  • So if another tenant was injured in the same block of flats but had a different landlord, then that tenant's landlord would become liable instead! 
  • It is conceivable that the same flagstone could trip more than one tennat resulting in multiple claims to each landlord.
  • Whichever tenant trips and falls first, their landlord becomes responsible first.
  • This affects a plethora of parties: Superior TenantsSublettorsRisk Assessors (HHSRS)  Freeholders, block managers and more.  
  • Ultimately this decision is likely to result in increased rents, both to cover increased insurance premiums and to pay for additional and more frequent inspections and inventory and condition reports, required to protect against damage claims from inferior parties and tenants.
  • This is an exrordinary result.  Landlords et al - beware!