Judge Fails to stick with Plaster Defence for Landlords

Landlords responsibilities for repairs to plaster in rented building have taken another twist with the latest decision from the Court of Appeal. The courts had held for many years that landlords did not have to repair plaster as their obligation in a leasehold building extends to maintaining the decoration, not the structure. This has given landlords renting out leasehold flats to students or tenants a defence when confronted about putting right damp and condensation. The latest case, Grand v Gill has turned over much of the previous logic. Ms Grand and her daughter lived in a flat in Hillingdon, West London, that was riddled with damp and condensation springing from a leaking roof and broken guttering. The landlord and tenant agreed the problem was a design fault that was the responsibility of the freeholder.. Nevertheless, the damage to plasterwork was so bad that damp and mould stopped Ms Grand’s daughter from sleeping in one of the bedrooms. The flat’s boiler contributed to the problems by not working properly. Ms Grand sued the landlord and was awarded £5,600 damages for the boiler issues. She appealled on the grounds no consideration was made for the damaged plaster. The court accepted the freeholder was responsible for the defects but found that the landlord should have repaired the plasterwork and increased Ms Grand’s damages by £750. The ruling is significant for landlords privately renting accommodation in leasehold blocks. Property with plasterwork that needs repairing now comes within the duties of the landlord, not the freeholder and failing to deal with the issue could leave a landlord open to action for compensation. The argument that the issue is structural and not decorative no longer stands. Additionally, any part of the building that supports painting and decoration, like woodwork, also comes in to the landlord’s remit.

Landlord blog

Jennifer Leonard

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