Disrepair
Who is responsible for the repair?
a) Tenancy Agreement
To establish who is liable to do the repair, you should start by
checking your contract or tenancy agreement.
Any contractual rights that you might have are in addition to
the minimum standards guaranteed by various Acts of Parliament. A
tenancy agreement can give extra rights, but it cannot take them
away.
There are many cases where an Act of Parliament overrides a
tenancy agreement. This is quite often the case with the
most important piece of legislation regarding repairs, Section 11
of the Landlord & Tenant Act 1985. Section 11 applies to the
vast majority of tenancies.
One type of tenancy where the landlord normally takes on more
repairing responsibilities than the legal minimum is the Assured
Shorthold Tenancy. This is the most common form of private tenancy
and the landlord is usually responsible for all repairs and
decorations.
It should be noted, however, that many tenants are responsible for
redecoration.
If you do not have a written contract, or it is silent on the
repair in question, then responsibility may have been established
through custom and practice over the years of the
tenancy.
For example, let's say that your boiler has broken down. On the
previous occasions that this has happened your landlord repaired
it. In such a situation, you should be able to successfully argue
that the repair is the responsibility of the landlord due to custom
and practice.
If you are a Rent Act protected tenant with a registered rent, then
another place to check repairing responsibilities is on the rent
register. Here repairing obligations are noted in shorthand
form.
It is possible that the obligations noted on the rent
register override the contract. If the landlord has
received a higher rent on the basis that he or she is responsible
for certain repairs, then the landlord cannot argue that the tenant
is responsible, regardless of what the contract says. In law, this
is called "estoppel".
b) Housing Law
Section 11 of the Landlord & Tenant Act
1985
Section 11 of the Landlord & Tenant Act 1985 applies to all
tenancies that started after 24th October 1961 and were for an
initial term of less than 7 years. It overrides whatever is stated
in the contract.
Under Section 11 the landlord responsible for the exterior, the
structure and all major interior repairs.
Section 11 requires the landlord to:
a) "To keep in repair the structure and exterior of the dwelling
house [including drains, gutters and external pipes],
b) To keep in repair and proper working order the installations in
the dwelling house for the supply of water, gas and electricity and
for the sanitation [including basins, sinks, baths and sanitary
conveniences but not other fixtures and fittings and appliances for
making use of the supply of water, gas or electricity], and
c) To keep in repair and proper working order the installations in
the dwelling-house for space heating and heating
water."
The tenant is responsible for minor interior repairs. Lord
Denning defined "minor interior repairs" as such things as
unblocking sinks and changing fuses.
Housing Act 2004
Part 1 of the Housing Act 2004, which came into force on 6th
April 2006, repeals the provisions in the Housing Act 1985 s604
regarding fitness standards. It is instead replaced with the
Housing Health and Safety Rating System (HHSRS). The new system is
based on the principal that "any residential premises should
provide a safe and healthy environment for any potential occupier
or visitor."
There are 29 categories of hazard. Hazards fall into Category 1
or Category 2. For Category 1 hazards, the local authority has a
statutory duty to take action to make sure that the hazard is
addressed.
Defective Premises Act 1972 Section 4
Your
landlord is under a legal duty to take reasonable care that the
property is safe for "all persons who might reasonably be
affected". This includes not only the tenant but also other people
such as neighbours or visitors.
Unlike most instances of disrepair, there is no requirement for the
landlord to be put on notice of the problem.
So, for instance, if the roof of the property is in poor condition
and a slate slips and injures someone who has come to visit you,
then your landlord would be liable. The landlord would not have had
to be told that a slate might possibly slip, as he should have been
aware that the roof was in poor condition and that this was a
possibility.
Environmental Protection Act 1990
The Environmental Protection Act 1990 can be used when the
condition of the property is sufficiently bad as to constitute a
"statutory nuisance". This means that it is either
prejudicial to your health or a nuisance, such as overcrowding,
infestation or noise.
The tenant, the Local Authority, or an "affected person" can take
action under the Environmental Protection Act 1990.
However, it is not possible to get legal aid for action under the
Environmental Protection Act.
Unlike most actions to remedy disrepair action under the
Environmental Protection Act is a criminal
proceeding and as a consequence the punishment is greater
and the burden of proof higher.
As a consequence of the above, most actions taken under the
Environmental Protection Act are taken by Local Authorities.
Building Act 1984 s.76-83
If a building is in
a dangerous condition, then the council have powers under the
Building Act 1984 to serve notice on the landlord requiring work to
be done urgently.
If the Notice is not complied with, the council can carry the work
out in default.
Gas Safety Regulations 1994
When gas appliances are provided as part of the tenancy, the
landlord must have them checked by a properly qualified gas
engineer, registered with CORGI [Council for Registered Gas
Installers].
The tenant has the legal right to receive a copy of the certificate
on request.
If, however, the gas appliance belongs to the tenant then it is the
duty of the tenant to maintain it.
Electrical Equipment [Safety] Regulations
1994
The Landlord and Tenant Act 1985 requires that any electrical
installation is safe at the commencement of, and throughout, the
tenancy.
If the landlord provides electrical appliances, then the Electrical
Equipment [Safety] Regulations 1994 requires that they be in a safe
condition at the commencement of the tenancy.
Furniture and Furnishings [Fire] [Safety] Regulations
1988
If the landlord provides any furniture, or furnishings, then they
must meet the current fire safety standards.
Houses in Multiple Occupation
The council has very specific powers to enforce minimum standards
in respect of shared houses, known as Houses in Multiple Occupation
[HMO's].
A House in Multiple Occupation is classed as houses, hostels,
self-contained flats or other buildings which are occupied by
persons who do not form a single household, where there are shared
facilities or where the accommodation lacks such facilities or is
not self-contained.
The Housing Act 2004 has introduced a mandatory licensing scheme to
larger HMOs. It will be a criminal offence to control or manage an
HMO which does not have the required licence.