Drummond-Rees v Dorset CC (Trading Standards Department) (1988)

A landlord arranged a holiday let to the tenant, but the tenant declined to take up occupancy as he was not happy with the condition of certain items that were supplied with the property. Trading standards officers found that the electrical equipment did not comply with the Low Voltage Electrical Equipment (Safety) Regulations 1989. 

The judge held that the equipment had been supplied as defined in s. 46 of the Consumer Protection Act 1987, under which the regulations had been made. It was said that where a landlord lets property that includes the provision of goods for the use of the tenant, those items are being hired or lent out. The statute does not apply to fixtures, but the judge decided that these electrical appliances were not fixtures. The landlord was convicted and fined £250, plus £750 costs.

On appeal:
HELD: The court dismissed the landlord’s appeal, ruling that the fact that the plaintiff never took up occupation was irrelevant, it was enough that the goods were faulty at the start of the tenancy.  The landlord’s further plea of due diligence was also rejected as there was no evidence to show that a system of safety checking had been put in place.