Kumarasamy v Edwards – amendment to s.11(1A) of the Landlord and Tenant Act 1985

The SLA get Landlord Law amended.

The basis of this case was that Mr Edwards was a tenant of a third floor flat belonging to Mr Kumarasamy.

Mr Edwards (tenant) tripped on a loose paving slab and sued Mr Kumarasamy (landlord) regarding personal injury.  This case went through various courts, ending in the Supreme Court, where the Southern Landlords Association (SLA) (the pre-runner to iHowz – see our history here) supported Mr Kumarasamy in his case that he could not have known about the fault as:

  • he couldn’t be expected to inspect the Common Area’s, this was the responsibility of the Management Agent/Freeholder
  • he had not been informed of this fault.

The case was complicated, in that section11(1A) of the Landlord and Tenant Act 1985 made it quite clear at the time that the landlord was responsible for the ‘good repair‘ over the ‘structure and exterior of any part of the building in which the lessor has an estate or interest”.

Eventually, common sense prevailed, and the Supreme Court ordered that the 1985 Act be amended to allow for the landlord to be informed of the problem.

The case was represented by Tanfield Chambers, and a longer write-up can be seen here.

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