Cases - King v South Northamptonshire DC

Record details

Name
King v South Northamptonshire DC
Date
[1992]
Citation
1 EGLR 53
Legislation
Keywords
Dilapidations case law
Summary

The issue was whether or not the landlord had responsibility for a footpath leading to the property. One of the Court of Appeal judges said:

'I approach the problem from the basis that the expressed terms of the tenancy, as derived from the conditions of tenancy, were incomplete. They were incomplete because they lacked any obligation upon the landlord at all. In order to give the arrangement a necessary bilateral character, the landlord's obligations have to be derived by implication of law ... As a matter of general law, it is not to be implied that there is an obligation upon a landlord to maintain retained land over which a right has been granted to the tenant.'

In the circumstances of the case, he concluded that the landlord was nonetheless under an obligation to repair the path.