The claimant tenant and his wife held a shorthold tenancy of premises owned by the landlord. Shortly before granting the tenancy the landlord had installed a gas fire to replace a defective one, but had not entered into any service agreement relating to the fire. In February 1994 the claimant was taken to hospital and discovered to be suffering from carbon monoxide poisoning. The claimant alleged that the landlord was in breach of his implied obligations under s. 11 Landlord and Tenant Act 1985 to keep the fire in repair, and for breach of the duty of care owed by the landlord under s. 4 Defective Premises Act 1972.
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