Landlords - beware repairs
The problem in a recent case for a buy to let landlord was succinctly described by one of the Judges in a recent Court of Appeal case. Lewison LJ introduced the judgment with these words:
'One summer evening in 2010 Mr Edwards was taking rubbish out from a second floor flat which he and his partner rented from Mr Kumarasamy. He tripped over an uneven paving stone in the pathway between the front door of the block and the communal bins in the car park, as a result of which he injured his knee. The pathway is 10 to 12 feet long and is the essential means of access to the block. The tenancy under which Mr Edwards rented the flat was an assured shorthold tenancy to which the implied repairing obligations in section 11 of the Landlord and Tenant Act 1985 applied. The issue on this appeal is whether Mr Kumarasamy is liable for Mr Edwards' injuries.'
The Court of Appeal held that the buy to let landlord was liable for the repairs even though:
- The person who owned the freehold was responsible under the head lease for repairing the relevant areas and
- The buy to let landlord had not received a notice informing him of any defects which needed repair.
As we have observed in this newsletter on many occasions, many people have become private landlords in the last 20 years or so - preferring to buy property and let it out rather than perhaps invest in a pension.
The case is a reminder that buy to let landlords can unwittingly take on potentially expensive obligations; especially if they are sub-letting a property that they themselves hold on a long lease (typically a flat). It is important for landlords to ensure that they regularly check their properties for defects or ensure that a managing agent does so if they employ one.
To discuss any landlord and tenant related issues contact us.
Link to the case: Case