Decision That Landlords Must Maintain Plaster on Short Leases

Under s11 of the Landlord and Tenant Act 1985 there is always an implied obligation on the part of the Landlord to keep in repair the structure and exterior of the dwelling-house.

In Grand v Gill the Court of Appeal had to decide on whether or not a landlord has to repair plaster damage when a house or flat is let on a short lease. Until now the law has been governed by the case of Irvine v Moran, in which the High Court held that the landlord did not have a duty to repair plaster, because it did not form past of ‘the structure’ of the premises.


The Court of Appeal’s decision shows a significant development in the law relating to landlord’s liability for disrepair, and is undoubtedly a tenant-friendly outcome. It will probably impact on the budgets held by local authorities and social landlords, since they are now clearly responsible for repairing plaster damage, however caused, and it is a question often raised in tenant disrepair claims.

Oliver Kew

Published on 27/05/2011