Warren v Keen (1954)

This was a leading decision on the tenant's repairing obligations.
This case concerned a tenant on a weekly statutory tenant, who was sued by the landlord for deterioration in the state of the demised premises. Although there was no covenant on the part of the tenant to do repairs, the landlord sought to put this obligation on the tenant, claiming the tenant had a duty to keep the premises wind-and-water-tight and to make general repairs. Yet, this was an important case in defining the parties' respective repairing obligations.

 

In this judgement, Denning LJ stated:
'What does "to use the premises in a tenant-like manner" mean ?  ..The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, when necessary and also the windows.He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do those little jobs about the place which a reasonable tenant would do.  In addition, he must, of course, not damage the house wilfully or negligently; and he must see that his family and guests do not damage it; and if they do, he must repair it.  But apart from such things, if the house falls out of repair owing to fair wear and tear, lapse of time or for any reason not caused by him, then he will not be liable to repair it.'

 

HELD: A weekly tenant was held not liable to pay for repairs to damp and decaying walls of a house, since the disrepair was caused merely by the lapse of tiime which had caused the walls to require repointing.  Nor was this tenant liable to pay for repairs to decayed window-sills, which had fallen into that condition for want of external repainting at regular intervals. Held:  The tenant must repair damage to the premises caused, wilfully or negligently, by him, his family and his guests.

 

Case Citations: Warren v Keen [1954] 1 QB 15 / [1953] 2 All ER 1118, CA