Are Landlords Now Liable for Repairs Outside their Properties?

Edwards v Kumarasamy Case Brings Major Implications to Landlords and Managing Agents.

Belvoir Lettings Southampton is a locally owned business that provides excellent personal and professional service in delivering letting and property management services to both Landlords and Tenants.

Their level of service has been further corroborated this week with Brian Linehan, Managing Director of this letting agent in Southampton, sharing recent changes in the law keeping his clients up-to-date, a major factor in reducing unexpected property outlay.

 

The case highlighted by Brian Linehan was that of Edwards v Kumarasamy, where a tenant tripped on an uneven paving stone on the path that serviced the block of flats which he lived in.  The trip caused the tenant to injure his knee.

 

The landlord, Kumarasamy, owned the second floor flat that was let by Edwards, but not the whole block or the path outside of the block.  The path however was an essential means of access to the block of flats.

 

Up until this case landlords have only assumed responsibility for repairs that apply to what the landlord actually rents to the tenant.  It has also been the case that the landlord cannot be held responsible if the tenant has not notified them that a repair is required.

 

In this case it was Section 111 of the Landlord and Tenant Act 1985 under which the tenant made his disrepair claim at the Court of Appeal.  Kumarasamy claimed that he had no obligation to repair the path which was between the block and the communal bin area, because he did not own it.

 

However, section 11 outlines that a landlord is obliged to “keep in repair, the structure and exterior of the dwelling house” and this includes any part of the building for which the landlord has an “estate or interest”.  This resulted in Edwards winning his case.

 

Future implications for Landlords

 

Landlords or managing agents, particularly of flats, would not expect to be liable for faults occurring outside of the block of flats.  They would more likely propose the management company, to whom large maintenance fees are paid, be liable.

 

The outcome of the Edwards v Kumarasamy case emphasizes how landlords now have to be very aware of the condition of their properties and the surroundings.

 

It could be that in this case that Kumarasamy could have had a claim of breach of contract against the maintenance company of the block of flats for not carrying out inspections and repairs.  Another possibility is that there may be a claim against the buildings insurance.

 

Landlords Insurance Cover

 

As a precaution, landlords should check to see if such a claim falls under the public liability cover of the landlord or home insurance policy.

 

Need Advice?

 

Belvoir Lettings would be delighted to hear from you whether you are a tenant or landlord.  Contact Belvoir Lettings Southampton on 023 8001 8222, or visit the website.