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The case of Edwards v Kumarasamy sent shivers down the spines of landlords everywhere, but with the original judgement overturned in the Supreme Court, landlords can relax now. So what was the Edwards v Kumarasamy case all about?
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Mr Edwards rented a flat from Mr Kumarasamy. One day, Mr Edwards left his flat and followed the path to the car park and area where the communal bins were stored. Unfortunately he tripped on an uneven paving store and sustained an injury, so he sued Mr Kumarasamy for compensation.
District Judge Awards Damages
The case was heard in the District Court, presided over by Deputy Judge Gilman. Mr Edwards claimed that Mr Kumarasamy’s failure to maintain the pathway was in breach of the Landlord and Tenant Act 1985. The Judge agreed and awarded Mr Edwards £3,750 damages.
Supreme Court Overturns Decision
Mr Kumarasamy disagreed with that decision and he took his fight to the Supreme Court. The court overturned Judge Gilman’s verdict and found in Mr Kumarasamy’s favour. The Supreme Court judge stated that a landlord would have to be made aware of the disrepair before they could be found liable for any injury caused by the disrepair.
If the Supreme Court had agreed with the decision made by the District Court, the flood gates would have opened for hundreds of other claims lodged by tenant claims for damages as a result of injuries sustained in areas maintained by landlords.
