Association of Midlands Landlords

REPAIRS

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Repairs

Right of Entry to Carry out Repairs

Can a tenant be made to move out so that repairs or improvements can be made?

Tenant's Rights for Property Repairs

Enforcement Action

Power to Require Work to Render Premises 'Fit' for the Number of Occupants

Repairs
Who is Responsible?

Under the Housing Act (1985) a landlord has to ensure that a property is 'free from serious disrepair'

Unless the tenancy has a fixed term of more than seven years, under the Landlord and Tenant Act (1985) the landlord is responsible for repairs to:

The structure and exterior of the dwelling (including the primary access)

Basins, sinks, baths and other sanitary installations in the dwelling

Heating and hot water installations

The landlord is not normally responsible for repairs arising from damage caused by tenants, or for re-building the property in the case of damage by fire, flood or other inevitable accident. Nor does he have to repair anything that the tenant has a right to take away unless, in some circumstance, the damage was caused as a result of the landlords failure of duty to carry out his repairing obligations.

However in order to ensure that a property is kept in a sufficiently good state of repair to be suitable for occupation, a landlord should ensure the following:

The fabric of the building is not crumbling or likely to become dislodged and that windows are kept in good condition

Internally, staircases, banisters, internal steps, timber and solid floors are all kept in a good state of repair to minimise injury through falling

Check all electrical wiring to avoid fires and keep heating and gas appliances maintained

Ensure the fabric, fixtures and fittings of Kitchens and Bathrooms are kept in good repair so that they are easily cleanable and therefore not prejudicial to health.

Ensure that failure to disrepair does not lead to failure to meet other requirements. Leaking roofs or pipes may lead to dampness prejudicial to health for example.

Right of Entry to Carry out Repairs

There is an implied term under the Rent Act (1977) and Housing Act (1988) that the tenant will let the landlord have access to the property, and all reasonable facilities to carry out repairs, which he is entitled to do.

In the case of a landlord wishing to carry his repair responsibilities as defined under the Landlord and Tenant Act (1985), he or an agent authorised by him in writing may, at reasonable times of the day, enter the property to inspect its condition and state of repair. He must normally give the tenant 24 hours notice in writing before he carries out such an inspection.

At all times remember that the tenant has the statutory right to quiet enjoyment.

If a statutory tenant will not give consent for work to be carried out for which the landlord has a local authority grant, then the landlord may apply to the court for an order to enter and carry out the works.

Can a tenant be made to move out so that repairs or improvements can be made?

A landlord cannot repossess the home of either a regulated or an assured tenant simply because he needs or wants to do repairs. He may be able to obtain an order if he can provide suitable alternative accommodation, or in the case of assured tenancies, if he wishes to develop the property or do substantial works.

A tenant can also agree to leave his home temporarily while work is carried out but should be given a clear agreement setting out the basis on which he is leaving the property and his right to return. It should also include details of the alternative accommodation provided

A tenant who is fully protected by the Rent Act (1977) (unless he is a protected shorthold tenant) cannot be granted an assured tenancy of alternative accommodation by his landlord. A fully assured tenant cannot be granted a shorthold tenancy of alternative accommodation by his landlord.

Tenant's Rights for Property Repairs

Does a tenant have rights to repair a property?

Regulated tenants (i.e. where agreements commenced before 15 January 1989) have rights to carry out certain improvements unless the landlord has a right to get back his property after serving a notice under part 2 of schedule 15 of the Rent act (1977).

However, the tenant must get written permission from the landlord who can impose condition or refuse permission but must not do so unreasonably. If the tenant does not satisfy reasonable conditions imposed by the landlord, he could be breaking his agreement and the landlord may be able to regain possession.

Can a Tenant Withhold Rent to pay for Repairs?

There are circumstances where if correct procedures are followed, a tenant can do the work and take the cost out of rent payments.

However he must follow the procedures detailed below otherwise the landlord could take the tenant to court for rent arrears:

The tenant must report the fault to the landlord or his agent in writing at the address where notices may be served under section 48 of the Landlords and Tenant Act (1987)

He must then allow reasonable time for the landlord or his agent to respond (e.g. 14 days)

If no action has been taken by this time then the tenant can arrange to have the work done, and he must then send a receipt to the landlord and can reclaim the cost of the work done from rent due.

Standard of Repair

Under the Housing Act (1985) 'in determining the standard of repair required by the lessors repairing covenant, regard shall be had to the age, character, and prospective life of the dwelling house and the locality in which it is situated'.

Tenants though can claim damages for breach of a landlords repairing covenant e.g. cost of making good, discomfort, loss of enjoyment, ill-health etc. (Saner V Billon - 1978)

Does the tenant have a right to know who his landlord is?

Any tenant who asks the person receiving the rent, or the landlord's agent, in writing, for the landlord's name and address is entitled by law to get that information within 21 days unless there is a reasonable excuse for it not being given. If the landlord does not provide this information he could be liable to a fine. Tenants also have rights to find out who their landlord is by accessing Land Registry documents (Landlord and Tenant Act - 1987)

Enforcement Action

Fitness Enforcement - Dwelling Houses

Local authorities have powers to enforce action on properties that have been identified as unfit for human habitation under section 604a of the Housing Act (1985) and section 85 of the Housing Grants, Construction and Regeneration Act (1996)

Enforcement may be regarded as an action of last resort and many local authorities will initially informally draw the landlord's attention to the problem. However they should be prepared to provide a written explanation of why the authority thinks remedial action should be taken and what action it should be if requested to do so by the landlord.

If formal action is taken, the council can serve one of the following notices:

Repair notice requiring the owner of a property to make it fit for human habitation, make good any disrepair which interferes with the personal comfort of the tenant

Deferred Action which must state that the premise is unfit for human habitation, specify the works which, in the opinion of the local authority, are required to make the premises fit and also to state the courses of action open to the authority if the premises remain unfit. A deferred action can be reviewed at any time and must be reviewed within 2 years of the original notice being issued.

Closing Order, which may be made in respect of either a dwelling house or a block of flats, some or all of which are unfit.

Demolition Order, which again may relate to a single dwelling house or block of flats.

The Housing Act (1988) also gave local authorities the following powers to:

Stop a landlord trying to evade a repair notice by selling or transferring his properties

Stop evasion of any repair notice by requiring a new landlord to comply with the provisions of an outstanding notice

Take the landlord to court, where he can be fined heavily for failing to comply with a repair notice.

The Council does not have to tell the landlord or the court how it found out that the property needed repairing, so tenants who complain to the council need not fear that the landlord is bound to find out!

Fitness Enforcement - Houses in Multiple Occupation

There are currently two fitness standards that apply to HMOs:

Fitness for human habitation

Fitness for the number of occupants

The standard of fitness for human habitation in section 604 of the Housing Act -1985 (as amended) applies to ALL DWELLING HOUSES irrespective of whether or not they are HMOs.

In some cases local authorities may consider it appropriate to issue a direction under section 354 limiting the number of occupants. This may be instead of or in addition to a section 352 notice.

Section 354 Notice

This is a notice that limits the number of occupants that can be housed in an HMO. Where this is issued as an alternative to a section 352 notice (see below) it can have the effect of completely removing or reducing the amount of work necessary to make the HMO suitable for the revised number of occupants

Power to Require Work to Render Premises 'Fit' for the Number of Occupants

Section 352 Notice

The local authority may serve a notice under this section where, in its opinion, an HMO fails to meet one of the following requirements:

There are satisfactory facilities for the storage, preparation and the cooking of food including an adequate number of sinks with a satisfactory supply of hot and cold water

It has an adequate number of suitably located water closets for the exclusive use of the occupants

It has, for the exclusive use of the occupants, an adequate number of suitably located fixed baths or showers and wash-hand basins each of which is provided with a satisfactory supply of hot and cold water

Subject to section 365 there are adequate means of escape from fire
And

There are adequate other fire precautions.

An HMO will generally only fail this fitness standard if the particular circumstances are judged so severe and/or extensive as to render the HMO not reasonably suitable for occupation by the number of occupants accommodated there.

Enforcement may be regarded as an action of last resort and many local authorities will initially informally draw the landlord's attention to the problem. However they should be prepared to provide a written explanation of why the authority thinks remedial action should be taken and what action it should be, if requested to do so by the landlord.