What You (Reasonably) Don't Know Won't Hurt You - Liability For Landlords For Defective Premises

Lafferty v Newark & Sherwood DC (2016) EWHC 320 (QB)

Summary

In the case of Lafferty v Newark & Sherwood DC, the Court confirmed that landlords cannot be liable under the Defective Premises Act 1972 for damages caused by subsidence or sink holes where the landlords had no reasonable possibility of knowing of the potential defect.

The Court held that, although the faulty drainage was a 'relevant defect', as the problem with the drainage could not have been discovered on reasonable inspection, it was a latent defect. Therefore, the Landlord did not owe a duty of care to the Tenant.

The key points to note in light of the Court's decision are as follows:

If a landlord, following reasonable inspection of its property, has knowledge of a defect to the property, the landlord could be liable for any injury caused as a result of the defect. Landlords must take immediate action if defects are found at their property to avoid any potential injury which could be caused. Landlords should take detailed records of any inspections carried out at their property as such information would be useful in building a defence, should a claim for damages from their tenants arise as a result of injury caused by a relevant defect. The facts

Robina Lafferty was the Tenant of a property in Ollerton (the "Tenant"). Newark & Sherwood District Council was the Landlord (the "Landlord").

In 2010, the Tenant was hanging up laundry in the garden when a hole suddenly opened up in the ground. The Tenant fell into the hole and sustained injuries that would have been assessed at £12,000 of damages, subject to liability.

The most likely cause of the hole in the ground was as a result of a fractured underground drainpipe that had led to erosion of the soil causing a void underground.

There were no external signs or warnings of this potential problem and no reasonable inspection of the garden could have discovered the void underground. However, the Tenant sought to recover from the Landlord the damages she incurred due to her injuries.

The Defective Premises Act 1972 ("DPA")

The Tenant attempted to rely on section 4 of the DPA to establish the Landlord's liability.

The DPA applies where the landlord has an obligation to repair or maintain the property. Section 4(1) of the DPA imposes a duty of care on landlords to ensure users of their property are reasonably safe from personal injury attributable to a relevant defect. Pursuant to section 4(2) of the DPA, the duty of care is owed if...