Landlord Repair Obligations

Many tenancy agreements contain clauses that are simply unlawful. A Landlord’s obligation to keep a property they let in good repair is enshrined in legislation and such responsibilities DO NOT become the tenant's because the tenancy agreement says so. This is governed by Unfair Terms in Consumer Contract's Regulations 1999.

Where ambiguity arises is in what can be reasonably defined as expectation of the Tenant's performance. A standard definition is that they should also “do the little jobs about the place which a reasonable Tenant would do”, such as unblocking sinks when blocked by waste.

Various Acts of Parliament in the form of Housing Acts categorically define that the Landlord is responsible. No Landlord should ignore their repair obligations for they expose themselves to:

  • Local authorities can serve an improvement notice or prohibition order where housing conditions fall below an acceptable standard. If the Landlord fails to comply then they can be prosecuted.

  • Tenants withholding of rent and argue that the property is not fit human habitation or they are suffering loss/inconvenience [quiet enjoyment].

  • Being sued for unlawful eviction that may be argued as a direct act of harassment by the action of failing to maintain or repair their property. Having the management of their property passed to the council.

  • No matter how unjust, even if the Tenant is not paying the rent, the Landlord MUST maintain your property.

The rules pertaining to maintaining a property in good repair are further defined by Housing

Act 2004, the new Housing Health and Safety Ratings System HHSRS. This definition is more complex in that the safety of the Tenant is defined by their profile. So an elderly person has different needs than a person aged thirty. This base principle
is the building itself and the immediate surroundings should be able to withstand normal weather conditions and normal use by Tenants and their visitors.

Also under Section 11 Repairs of the Landlord and Tenant Act 1985, there are a number of statutory implied terms which dictate repair obligations. The property must be in a reasonable state of repair both internally and externally, and fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside, or condensation. Statutory and Common Law requires that there should be no unacceptable level of risk to the health or safety of the occupiers and their visitors.

In respect of this the Council Inspectors major concerns are that - In the last 12 months, 96% of Environmental Health Officers working on housing enforcement in the private rented sector, have encountered problems with damp and mould growth, 94% with excess cold, 91% with fire safety and 90% with electrical safety. Source: Shelter/CIEH Survey, July 2010