Cases - Liverpool City Council v Irwin
Record details
- Name
- Liverpool City Council v Irwin
- Date
- [1977]
- Citation
- AC 239
- Legislation
- Keywords
- Dilapidations case law
- Summary
-
Liverpool City Council owned a tower block containing some 70 dwelling units. Over the years the condition of the block deteriorated. The defects included the continual failure of lifts, lack of proper stair lighting and blockage of the rubbish chutes. In addition, the badly designed lavatory cisterns had overflowed causing damage to the property. Mr and Mrs Irwin, together with other tenants, protested against the condition of the block by refusing to pay rent to the corporation. The corporation sought an order for possession of the property and Mr and Mrs Irwin counterclaimed against them alleging a breach on the part of the corporation of its implied covenant for their quiet enjoyment of the property. While the trial judge granted an order for possession, it was contended that there was an implied obligation on the corporation to keep the staircase and corridors of the block in repair and the lights in working order, and that the corporation was in breach of the obligation. It had not, however, been shown that the corporation had failed to take reasonable care.
The defect in the design of the cisterns constituted a breach by the corporation of the covenant implied by section 32(1)(b)(i) of the Housing Act 1961. Accordingly the appellants were entitled to nominal damages of £5 for breach of that covenant and the appeal was allowed to that extent.