Spotlight on…Buy-to-Let-Landlords

A recent Court of Appeal decision will be of concern to buy-to-let landlords, who may unexpectedly find themselves liable for repairs to communal areas in blocks of flats, even though the head landlord is responsible for their upkeep and they have no notice of any defect.

In this case, the landlord had sublet a second floor flat to a tenant under an Assured Shorthold Tenancy. The tenant tripped and injured himself on some uneven paving when taking rubbish out to the communal bins. Under the terms of the headlease, the freeholder was responsible for keeping the communal areas in good condition, subject to being given notice of the defect. Neither the buy-to-let landlord nor the freeholder had received notice of any defect.

The Court of Appeal held that the buy-to-let landlord was in breach of an obligation to repair even though he had received no notification of the uneven paving. The paved pathway formed part of the exterior of the front hall over which the buy-to-let landlord had a right to walk. Therefore, the buy-to-let landlord's statutory repairing obligation applied to the paved area.

As it is not possible to exclude these obligations, there seems little that buy-to-let landlords can do. Although landlords should generally keep an eye on their properties, it may be impossible for them to know in time that a defect has occurred given that liability arises immediately.

For more information please contact Andrew Davies (apcd@mcp-law.co.uk 01842 756102)