McNerny v Lambeth London Borough Council

JurisdictionEngland & Wales
Judgment Date1988
Date1988
Year1988
CourtCourt of Appeal (Civil Division)
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6 cases
  • Lee v Leeds City Council; Ratcliffe and Others v Sandwell Metropolitan Borough Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 January 2002
    ...intention at the time of the 1985 re-enactment. Some three years after that re-enactment, Lord Justice Dillon observed in McNerny v London Borough of Lambeth (1988) 21 HLR 188, at page 194, that: "the limits [set by the 1957 Act] … are far below the normal rents for a council house or flat ......
  • Alker v Collingwood Housing Association
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 February 2007
    ...is different from that which was let.” 10 Dillon LJ was a member of the court directly considering section 4 of the Act in McNerny v Lambeth Borough Council [1989] 19 EG 77. The case concerned the effects of condensation in a flat which caused the plaintiff to suffer from colds and other a......
  • Hackney London Borough Council v Issa and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 November 1996
    ...the tenant's council house was virtually unfit for human habitation in the winter when the condensation was at its worst. In McNerny v. London Borough of Lambeth 21 HLR 188, the same lord justice observed at p.190 that the scale of the dampness which had to be endured in that case led to co......
  • Baxter v Camden London Borough Council (No. 2)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 November 1998
    ...design or construction of the premises. ( Rimmer v Liverpool City Council) [1985] QB 1. It was applied by this court in McNerny v London Boroughof Lambeth 21 HLR 188, where the tenant alleged that the council were liable in negligence for condensation dampness in her flat. 42 Do similar pri......
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