Keates v The Earl of Cadogan (1851) 10 CB 591
Whether a landlord has a duty to inform a prospective tenant of the poor quality of the property let
Facts
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 sought to rescind the contract, or alternatively commence action in tort for his losses.
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.
Updated 19 March 2026
This article accurately summarises the decision in Keates v The Earl of Cadogan (1851) 10 CB 591. The core common law principle established in the case — that a landlord is under no general duty to disclose the defective condition of a property to a prospective tenant — remains good law and continues to be cited in discussions of caveat emptor in landlord and tenant contexts.
However, readers should be aware that the legal landscape around landlords’ obligations regarding property condition has developed considerably through statute. In particular, the Landlord and Tenant Act 1985 (as amended) imposes implied repairing obligations on landlords in relation to the structure and exterior of residential properties let for less than seven years (s.11). The Homes (Fitness for Human Habitation) Act 2018 inserted s.9A–9C into the 1985 Act, introducing an implied covenant that residential properties must be fit for human habitation at the commencement of the tenancy and throughout. These statutory developments significantly limit the practical effect of the Keates principle in modern residential tenancies, even though the underlying common law rule has not been formally overruled. The article should therefore be read with these statutory obligations firmly in mind.
