Cases - Quick v Taff-Ely Borough Council
Record details
- Name
- Quick v Taff-Ely Borough Council
- Date
- (1985); (1985); [1985]
- Citation
- QB 809; 3 WLR 981; 3 AII ER 321, CA
- Legislation
- Keywords
- Landlord and tenant – implied covenant to repair – repairs carried out under section 32(1) of the Housing Act 1961 – whether repairs carried out under section 32(1) of the Housing Act 1961 were evidence of want of repair – Housing Act 1961, section 32(1)
- Summary
-
A house built in the early 1970s suffered severe condensation caused by:
- a lack of insulation around the concrete window lintels,
- sweating from the single-glazed metal-frame windows, and
- inadequate heating.
The tenant brought an action, requiring the landlord to replace the windows and face the concrete lintel, under the statutory covenant to repair implied by section 32(1) of the Housing Act 1961 that required the local authority to keep in repair the structure and exterior.
The court concluded that, since the property had been built according to the regulations and standards of the time and the problems were not the result of damage to the part of the property that had led to their creation, there was no disrepair.
This case should be contrasted with Welsh v Greenwich London Borough Council [2000], where the covenant to repair was not broken but a covenant to maintain the property in good condition was