Disrepair is an important subject for landlords and agents to understand fully since tenants frequently report breakages and maintenance problems. It is vital that the landlord is aware of the statutory, or agreed, repairing obligations for a particular tenancy. As we can see from the case examples below, reasonable expedience is vital once disrepair has been reported; significant liability can accrue to the landlord if such disrepair is not acted on and subsequently causes serious injury to the tenants. Furthermore, landlords in many cases will not want to incur unnecessary expense in maintaining or improving the rented property at the whim of an individual tenant's complaints if there is no contractual or legal obligation to do so.

As we shall see, in what appears to be a very grey area, it is generally possible to make a clear decision when the legal rules relating to disrepair are combined with some basic technical knowledge of the common disrepair problems.

Part 1 of the Housing Act 2004 contains provisions intended to replace the previous housing fitness regime which applies both to single residential dwellings and Houses in Multiple Occupation (HMO).

The previous Fitness Standard has two perceived failings. It did not cover all the major problems found in a home (e.g. such as the risks from falling down unsafe stairs), and does not give any indication of how serious the problem is. Under the existing fitness provisions, the test of fitness is to be replaced with an evidence-based risk assessment process; an assessment of the risks to health and safety will be carried out using the new Housing Health and Safety Rating System (HHSRS).

Because the risk-assessment is based on a points-based hazard-scoring or rating system (rather than the simpler pass or fail standards used in the majority of the previous system), it is going to be much more difficult for an individual landlord or property manager to interpret and understand precise legal requirements and determine in advance whether a particular property complies with the standard. This is a worrying facet of the new law given that non-compliance is, yet again, a criminal offence with onerous penalties.

The main product safety legislation, which is defined by regulations (or secondary legislation), were introduced under the following Acts of Parliament (or primary legislation):

• Health and Safety at Work Act 1974
• Consumer Protection Act 1987

The regulations relevant to the lettings industry are:

Gas Safety:

• The Gas Safety (Installation and Use) Regulations 1998
• Gas Appliances (Safety) Regulations 1995
• The Gas Cooking Appliances (Safety) Regulations 1989
• Heating Appliances (Fireguard)(Safety) Regulations 1991

Furniture Safety:

• Furniture & Furnishings (Fire)(Safety) Regulations 1988 (as amended)

Electrical Safety:

• Electrical Equipment (Safety) Regulations 1994
• Plugs and Sockets etc. (Safety) Regulations 1994

Other Safety Regulations:

• General Product Safety Regulations
• Bunk Bed (Entrapment Hazards)(Safety) Regulations 1987
• Regulations for paraffin heaters
• Regulations for Catalytic Gas Heaters

All the regulations may incur criminal penalties where there is an infringement.