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Write a Case Note on Liverpool City Council V Irwin [1977] Ac 239.

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Write a case note on Liverpool City Council v Irwin [1977] AC 239. The appeal at the House of Lords came up on, February 16th, 17th, 18th and on the 31st of March 1977. Liverpool City council had brought an action against the defendants, Leslie and Maureen Irwin who were tenants in a 15-story block, owned by the plaintiff. It was located on Hai Heights, in the district of Everton, Liverpool. The defendants occupied a maisonette on the 9th and 10th floors of the building. The contract of tenancy had been a form, which basically were conditions of tenancy that set out obligations of the tenants and none of the landlord. The form did not contain the signature of the Landlord, only the tenants signed, Therefore this can be referred to as an …show more content…

In this case the court found that a visitor to the demised property could sue the landlord for failing to maintain common parts particularly the stairs. The plaintiff’s visitor was injured due to the lack of maintenance of the stairs, hence his action. The court held that the defendant was responsible to maintain the staircase so far as necessary for reasonable enjoyment of the demised property, though overruled now this case is still cited for it’s common purpose. The court in Liverpool City Council V Irwin similarly granted in favor of the tenant and relying on the site inspection they had done, granted all the tenants counter claims. On appeal to the court of appeal the majority of the judges found on careful examination of case law and from the facts of the case the defendant cannot be held obligated to repair and maintain common parts by an implication from the court where such term was not expressly imputed into the tenancy agreement as it is not necessary to do this to give business efficacy to the contract and would be too burdensome to the landlord to do so. The landlord was also found not in breach of section 32(1) of the housing act. Lord Denning gave a significant dissenting judgment with regard to the common parts, he was of the opinion that, landlords must be held liable to maintain and repair common parts. He felt that a duty of care was

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