Edwards v Kumarasamy

Landlord and tenant – Repair. The tenant rented a second floor flat from the landlord and injured himself after tripping on an uneven pathway that led from the door to the block of flats to the rubbish bins. The judge held that the landlord was not liable under the extended covenant implied into the tenancy by s 11(1A) of the Landlord and Tenant Act 1985. The Court of Appeal, Civil Division, held, inter alia, that the pathway could properly be described as the exterior of the front hall, over which the landlord had a legal easement and, accordingly, in principle, the extended covenant applied.

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