References:  AC 283
Coram: Lord Atkin, Lord Thankerton, Lord Russell of Killowen, Lord Wright, Lord Romer
The tenant had given notice to the landlord’s agent that a sash-cord in the only window of a bedroom had broken. No repair was effected and about two months later the second sash-cord broke injuring the tenant. The House was asked whether there was a breach by the landlords of the implied undertaking in the Act, that the house would be kept by the landlord during the tenancy in all respects fit for human habitation.
Held: Lord Atkin said: ‘In the present case the point on which the Court of Appeal in Morgans case decided for the defendant does not arise, namely, that notice of the lack of repair complained of must be given to the landlord before his statutory obligation arises. I can see that different considerations may arise in the case of an obligation to repair imposed in the public interest, and I think that this question must be left open, and I reserve to myself the right to reconsider my former decision if the necessity arises.’
Statutes: Housing Act 1936 2(1)
This case is cited by:
- Cited – Yasin Issa (Suing By her Next Friend and Father Ali Ahmed Issa) and Imran Issa (Suing By her Next Friend and Father Ali Ahmed Issa) v Mayor and Burgesses of London Borough of Hackney CA (Times 26-Nov-96, Bailii,  EWCA Civ 998,  1 WLR 956)
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
- Cited – O’Brien v Robinson HL (Bailii,  UKHL 1,  AC 912)
The plaintiffs sought damages after being injured when the ceiling of their bedroom fell on them. They were tenants of the defendants.
Held: The 1961 Act implied a duty on L to keep in repair the structure. What was meant by ‘keep in repair.’ . .