Robbins v Jones (1863) 15 CBNS 221
Landlord and tenant; duty of landlord to maintain premises during the term
Facts
Houses were erected adjacent to a new road built at a high level to provide access to a bridge over the Thames. Between the houses and the road was a public footway which was covered with flagging. The flagging became weakened and gave way because of the large numbers of people using it, causing Mr Robbins to fall some 30 feet to his death. His widow brought an action against the landlord of the premises for failing to keep it in good repair.
Issues
Mrs Robbins claimed that as the owner of the land, Jones was under a duty to keep the premises in good repair so that members of the public who were lawfully using a public footway could pass in safety. She asserted Jones wrongfully allowed the premises to continue into decay and dilapidation rendering it unsafe for the public to use the footway. Further, knowing the premises to be in an unsafe condition, he demised the premises to tenants, thereby allowing the dangerous state of affairs to continue. Jones claimed he was under no duty to maintain premises which he had let out to tenants. He contended when he was in possession of the premises they were not in a dangerous condition and, Mr Robbins had been trespassing at the time of the accident.
Decision/Outcome
Mrs Robbins’ claim was unsuccessful. A landlord who lets premises in a state of disrepair or in a dangerous condition, is not responsible for accidents which cause injury to the tenant’s guests or customers during the tenancy. It is not unlawful to let a tumbledown house, and it is for the tenant and not the landlord to maintain the premises during the term.
Updated 21 March 2026
This case note accurately states the decision in Robbins v Jones (1863) 15 CBNS 221 and correctly summarises the common law principle that a landlord who lets premises owes no general duty at common law to maintain or repair those premises during the tenancy. The famous dictum from Erle CJ — that it is not unlawful to let a tumbledown house — remains the recognised starting point for this area of law.
However, students should be aware that the position has been substantially modified by statute. The Landlord and Tenant Act 1985, particularly sections 8 and 11, imposes implied repairing obligations on landlords in relation to residential tenancies. Section 11 requires landlords to keep in repair the structure and exterior of a dwelling and certain installations. More recently, the Homes (Fitness for Human Habitation) Act 2018 amended the 1985 Act by inserting section 9A, which requires that residential properties let on short leases are fit for human habitation at the time of letting and throughout the tenancy, significantly strengthening tenants’ and third parties’ ability to hold landlords to account. The Robbins v Jones principle therefore retains historical and doctrinal importance but no longer represents the full legal position for residential lettings. The case remains relevant to discussions of the common law baseline and the historical development of landlord liability.
