Alker v Collingwood Housing Association [2007] EWCA Civ 343

S. 4 Defective Premises Act 1972 requires landlords to keep property in good condition, but does guarantee the safety of the property by requiring landlords to put the property in good condition before the tenancy commences.

A tenant of a Housing Association property put her left hand to the glass panel of the front door and pushed it open, but the glass broke and her arm went through the pane. She was very badly cut. The door was not fitted with safety glass, but its fittings complied with the building regulations which were applicable when the property was built.
The tenant brought an action against the landlord Housing Association, but as there was no disrepair there  was not a viable claim for breach of the implied repairing obligation arising under section 11 of the Landlord and Tenant Act 1985. The tenant instead relied on a claim for damages for breach of the statutory duty arising under section 4 of the Defective Premises Act 1972. The tenancy agreement contained a clause that the Housing Association would keep the property in "good condition". Both parties accepted that this obligation was more than mere repair, but the tenant argued that it imposed on the landlord an obligation to make the door safe.
The County Court judge accepted the tenant’s argument, and held that the Housing Association was in breach of the duty to make the door safe.

On appeal:
HELD: The Court of Appeal held that Parliament had not intended s. 4 to require landlords to put property into good condition. A narrower view of s. 4 was taken, holding that it dealt with express obligations relating solely to repair and maintenance and did not guarantee the safety of the property. As the glass panel had not been broken or in disrepair prior to the accident, the Housing Association was therefore not in breach of its duty to keep the property in good condition. The appeal was allowed.

This decision clarifies the position regarding s. 4 Defective Premises Act 1972.

Citation: Alker v Collingwood Housing Association [2007] EWCA Civ 343