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Izon v Gorton; 8 May 1839

References: (1839) 5 Bing NC 501, [1839] EngR 685, (1839) 5 Bing NC 501, (1839) 132 ER 1193
Links: Commonlii
Coram: Tindal CJ
Ratio The tenanted premises had been destroyed by accidental fire. The tenant objected to continuing to pay rent.
Held: The rent was payable.
Tindal CJ said: ‘The cases referred to in the argument, in which the tenant has been allowed to withdraw himself from the tenancy, and to refuse payment of rent, will be found to be cases where there has been either error or fraudulent misdescription of the premises which were the subject of the letting, or where the premises have been found to be uninhabitable by the wrongful act or default of the landlord himself; neither of which circumstances occur in this case.’
This case cites:

  • Binding – Baker v Holtpzapffel ((1811) 4 Taunt 45)
    A tenant was obliged to continue paying rent even though the house he rented was burned down through no fault of the landlord. . .

(This list may be incomplete)
This case is cited by:

  • Cited – Hussain v Mehlman CC (Bailii, [1992] 2 EGLR 287, [1992] 32 EG 59, [1992] EW Misc 1)
    (County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .

(This list may be incomplete)

Last Update: 26-Apr-16
Ref: 258838