Wheat v E Lacon & Co Ltd. [1966]

Definition of ‘occupier’ under the Occupiers’ Liability Acts was determined.

The defendant was a brewery house. The managers of the brewery house lived on the premises and occupied a private portion there. A paying guest, Mr. Wheat, fell down the stairs of that private part of the premises and was killed, because there was no handrail on part of the stairs and an unknown person had removed the lightbulb on the stairway. The estate of the deceased guest sued the brewery under the Occupiers’ Liability Act 1957.

HELD: The main legal issue was whether the brewery fell within the scope of the Act as ‘occupier’.
In the House of Lords, Lord Denning defined the ‘occupier’ as a person who has sufficient control over the premises to the extent that he ought to realise that lack of care on his part can cause damage to his lawful visitors. This duty may he held by several occupiers at once, and they will be jointly and severally liable to the visitors if they both fail to exercise the due care, causing injury.
The brewery and the managers were all found to be occupiers of the property, but all had different duties of care towards visitors. This depended on how much control they exercised over the property.
It was held that the owners were responsible for keeping the handrail safe and the lighting system maintained. However, the handrail could not be considered dangerous if it was sufficiently well lit, and as the lack of light was due to an unknown stranger removing the lightbulb the occupiers had not breached their duty of care.

Note: If the property is let, the owner will be considered occupier of all parts of the premises that are not let by demise, such as the common staircase. Where the owner does not grant a tenancy but allows a licensee to move in, the owner will be considered occupier of the entire property as he retain the right and the duty to do repairs. In both cases he will be occupier jointly with the tenant. A contractor doing work on the premises can also be classed as occupier in certain circumstances, whether or not jointly with the owner.


Citation: Wheat v E Lacon & Co Ltd [1966] 1 All ER 582