On the 5th May 2016, the Edwards V Kumarasamy case was heard in front of five Supreme Court judges. This was an appeal to a Court of Appeal decision where it was held that the leasehold landlord was liable to pay compensation to their assured shorthold tenant who had tripped on a communal paving stone in disrepair which led to the bin store areas on a block of flats. The Court of Appeal judge held that under Section 11 of the Landlord & Tenant Act 1985, no notice was required and the leasehold landlord became liable for disrepair as soon as it arose (on the presumption that they had the right to inspect the common areas without any notice being given to their tenant).
The tenant was awarded the sum of £3750 for injuries suffered from the trip on the communal paving stone. The leasehold landlord obviously felt aggrieved so has defended on the following points being; (1) did an easement in the property give the leasehold landlord sufficient interest to be liable under Section 11, (2) did the communal paving stones form part of the exterior of the property to such an extent it fell under Section 11 and finally (3) did the landlord require notice of the disrepair before becoming liable to the tenant under Section 11. An interesting case, which can be viewed as a recording on the Supreme Court website and we understand that the decision will be released very shortly.