The managers of the brewery house, Mr and Mrs Richardson, lived on the premises and occupied a private portion there.
The main legal issue before the Court of Appeal was whether the brewery fell within the scope of the Act as "occupier".
Lord Denning defined the "occupier" as a person who has sufficient control over the premises to the extent that he ought to realise that lack of care on his part can cause damage to his lawful visitors.
If the property is let, the owner will be considered occupier to all parts of the premises that are not let by demise, such as the common staircase.
Where the owner did not let by demise, but merely licensed the property (i.e. allowed another person to live on it), he will be considered occupier of the entire space because he would retain the right and the duty to do repairs.