Julian Gun Cuninghame and Daniel Brayley of Gough Square Chambers, led by Philip Rainey QC, successfully represented the Appellant, Mr Kumarasamy, in a decision of general importance to residential buy-to-let landlords.
A five panel Supreme Court considered the meaning of repair covenants implied into a subtenancy of a residential flat by section 11 of the Landlord and Tenant Act 1985.
The Supreme Court held that a paved area in front of the hall of the building was not part of the exterior of the hall and thus section 11 had no application.
Of wider importance, the Supreme Court went on to hold an intermediate landlord is not obliged to repair the common parts of the building, being not in the possession of either the landlord or the tenant, but over which they both have a right of way, unless the landlord has been given notice of disrepair.
The Court unanimously allowed the appeal.
The Judgment can be found here.