Landlords are legally responsible for the upkeep of the plaster of a rental property as well as the walls, the Court of Appeal has ruled.
In Grand v Gill [2011] EWCA Civ 554, a tenant brought a disrepair claim against the landlord, complaining of damp and mould on the walls. However, the landlord disputed liability.
The case centred on whether, in s 11 of the Landlord and Tenant Act 1985, “the structure” of a residential premises, which the landlord is obliged to repair, included plasterwork.
The court held that plasterwork was included, overturning the case of Irvine v Moran [1991] 1 EGLR 261. This means private and public landlords, including local authorities and housing associations, have a legal duty to maintain the plasterwork of their properties.
John de Waal, of Hardwicke, who acted pro bono for Tanya Grand, the tenant, said: “This decision is very significant for housing lawyers, and affects every assured shorthold tenancy.
“This is a vexed issue for housing lawyers and has been before the courts three or four times. There is a lot of litigation about disrepair, particularly in social housing, and it is quite expensive for landlords. However, this fairly and squarely and on uncompromising terms establishes that the landlord is responsible for plasterwork.”
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