Keates v The Earl of Cadogan (1851) 10 CB 591
Other citations: 138 ER 234; (1851) 20 LJ CP 76; (1851) 15 Jur 428. Court: Court of Common Pleas, 20 January 1851.
Whether a landlord has a duty to inform a prospective tenant of the poor quality of the property let
Facts
According to the claimant’s pleaded case, the defendant entered into an agreement with the claimant for the lease of a property for a term of three years. The claimant intended to reside in the property with his family. The property concerned was in an extremely poor structural condition and was likely to collapse at any stage. The defendant however, despite knowing of this condition, did not inform the claimant of it during the negotiations for the lease, nor did the defendant inform the claimant after the claimant had agreed the lease and begun to occupy the property with his family. Ultimately, a large part of the property collapsed and the claimant brought an action in tort for his losses.
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Issues
The issue in this circumstance was whether a landlord has an obligation to inform a prospective tenant of the poor state of a property prior to entering into a lease with said tenant.
Decision/Outcome
It was held that no obligation is placed on a landlord to inform a tenant as to the state of a property prior to entering into a lease. A claim will only arise for a tenant in these circumstances if the landlord gives an express warranty as to the condition of the property or where the landlord actively deceives the tenant as to the property’s condition. The court in this instance found in favour of the defendant: the pleaded facts disclosed no sufficient cause of action in deceit.
Source: Original report in the English Reports, pages 234–238 (PDF).
