In this article, Mushtaq Khan looks at the Southwark decision of Long wherein the landlord was held liable for failing to monitor the works of the contractor.
In Southwark London Borough Council -v- Catherine Long, the landlord was appealing against the decision to award the tenant damages in the sum of £13,500 for a failure to keep the common parts of a block of flats clean and tidy.
The ground floor of the building contained a bin cabin with a large paladin bin into which ran a rubbish chute. The tenant complained that rubbish was not being collected properly by this bin and subsequently spilled out on to the ground floor of the property, which in turn caused foul smells and a maggot infestation.
The Council attempted to delegate the obligation to contractors who were employed to maintain the upkeep of the bins and chute. The judge held that although the obligation had passed to the contractors, it was only valid if there was an adequate system for monitoring the performance of the contractors’ maintenance work. The appeal was dismissed as the Council could not show that they had adequately monitored the contractor’s work, and the award was upheld.
This means that landlords must ensure that any works carried out by a contractor are monitored and checked at regular intervals to prevent the landlord being held responsible for contractors’ poor workmanship.
For further information contact
Mushtaq Khan
Tel: 0845 404 2548
e-mail: mushtaq.khan@cobbetts.co.uk
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