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Summers v Salford Corporation; HL 1943

References: [1943] 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:

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