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Alexander v Freshwater Properties Ltd & Anor [2012] EWCA Civ 1048 - 27/07/12

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Applicability of s.2 of the Occupiers' Liability Act 1957 - a landlord does owe a duty to his tenant. N.B - the decision may conflict with Drysdale v Hedges available here

The Claimant brought an action against her landlord and the builder engaged by her landlord. The Claimant suffered injury when her hand in a door. The landlord was responsible for the maintenance of the door and had engaged the builder to carry out refurbishment. At first instance the landlord was found to be in breach of his duty under s.2(1) of the Occupiers' Liability Act 1957. The Court of Appeal upheld this decision (see para [19]). There is no record that the point in Drysdale was taken in this instance.

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