Case Summary:

Title: Morley v Knowsley Borough Council (1998) 

Court of Appeal, 5 February, 1998 (LAG)

About a month after moving into her new council property, the tenant fell down the stairs because a piece of wood broke off the leadiing edge of one of the steps.
Her action for personal injury was successful.  The tenant was awarded damages of £2,500 under Defective Premises Act 1974 s4. 

Held:  The Judge held that, given the age of the house and the fact that the accident happened so soon after the tenant had moved in, the landord ought in all the circumstances to have known of the relevant defect for the purposes of s4(2).  It follows that, the council owed a duty of care to take reasonable care. The council should have performed a pre- letting inspection which included a check of the condition of the staircase.  There was no evidence of such an inspection and the council could not provide  any evidence to show that it had taken any care to ensure that the property was let in a safe condiiton.

Case Citation: Morley v Knowsley Borough Council (1998) Legal Action 22, CA

LUJ Ref: Apr 99 pg 16