The Edwards v Kumarasamy case decided in the Court of Appeal last year caused confusion regarding a landlords repair responsibilities under s.11 of the Landlord and Tenant Act. Mr Edwards fell on the path outside his block of flats causing injury. The Landlord, Mr Kumarasamy had no legal right to undertake repairs as this was the freeholders responsibility, and the tenant, M Edwards had not informed his Landlord of the hazard. 

However, the Court of Appeal decided that the landlord was liable as he had an 'interest' in the path as he had access to it and the tenant did not have to inform the landlord if the hazard as it was outside the property and he could see it himself.

This decision definitely put the cat amongst the pigeons...

Luckily for all leaseholder Landlords the Supreme Court have reversed the appeal based on 3 key points:

1. The path was too far removed from the property be considered as part of its 'exterior'.
2. The Landlord did have an 'interest' in the path but this was irrelevant in this case.
3. The Landlord must be notified of the hazard prior to the accident.

The good news for all leaseholder landlords is that the law relating to s.11 has returned to the way it was before the Court of Appeal decision...Phew!

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