Section: Repairs & Improvements
Case Law Update
The claimant had been injured when a glass pane in her front door broke. It was not safety glass but had complied with contemporary construction standards when the property was built. However, the use of the glass in doors had been recognised as a hazard since 1963.
The tenancy agreement required the landlord to keep the house in good condition and reserved a right to enter and carry out both repairs and improvements. The tenant sought damages relying on Defective Premises Act 1972 section 4.
A Judge upheld the claim but the Court of Appeal allowed an appeal:
The glass had not been broken or cracked prior to the accident, so was not in disrepair.
The tenancy terms to keep in repair, maintain and keep in good condition did not impose an obligation to keep premises up to modern standards of reasonable safety.
There had been no relevant defect for the purposes of section 4.
Alker v Collingwood HA [2007] All ER (D) 98, 7 February 2007
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Issue: March 2007 Reporting on Jan-Feb 2007
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