Disrepair and Fitness

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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. 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.

Landlord’s responsibilities

The main responsibilities of the landlord are defined by the Landlord and Tenant Act 1985, so it is now impossible for landlords to avoid their obligations relating to disrepair. Generally, terms are implied by statute into periodic tenancies or leases of less than seven years that the landlord will be responsible for repair of:

  • the structure and exterior of the dwelling including the drains, gutters and external pipes;
  • the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and other sanitary installations) in the dwelling, and
  • installations for heating water and space heating in the dwelling

These obligations are set out in full in section 11 of the Landlord and Tenant Act 1985 and are known as implied terms, as opposed to the terms expressly included in the contract by the parties.

The general rule is that the landlord is only liable to carry out repairs to defects once the landlord becomes aware of them. This may be where the landlord has been notified by the tenant or another person or where it should have been identified during a periodic inspection. The duty to repair will arise upon notification of the defect. The exception to this rule is where the disrepair occurs in an area that remains within the landlord’s control, e.g. a common area such as a communal entrance hall, in this case the liability will commence as soon as the defect arises. The defect must be repaired within a reasonable time. Where the landlord has not carried out their repairing obligations the tenant is entitled to take legal action against the landlord. The court can award damages and order the repairs to be done.

The landlord also has responsibilities regarding fitness standards and must ensure that the property is fit for human habitation at the start of the tenancy and throughout the tenancy under s9A Landlord and Tenant Act 1985 (LTA 1985). When determining whether a property is unfit for human habitation regard shall be had to its condition in respect of its state of repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for the preparation and cooking of food, facilities for disposal of waste water and the presence of any prescribed hazard under Schedule 1 Housing Health and Safety Rating System 2005 (HHSRS). This will include any pest infestations or damp issues that occur due to the landlord’s failure to carry out their repairing obligations. ‘The house or dwelling shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition’ Section 10 LTA 1985.

The Government have provided a large set of guidance documents on HHSRS for local authorities, landlords, agents and tenants which can be viewed here and a Guide for landlords: Homes (Fitness for Human Habitation) Act 2018.

Tenant responsibilities

Tenants have an obligation to use the property in a responsible way and to take proper care of it. They must use the property in a ‘tenant-like-manner.’ A tenant should not damage the property, and should ensure that their visitors do not damage the property. In Warren v Keen [1954] Lord Denning stated that ‘the tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler; he must clean the chimneys when necessary and also the windows; he must mend the electric light when it fuses; he must unstop the sink when it is blocked by his waste. In short, he must do the little jobs around the place which a reasonable tenant would do. In addition, he must not, of course, damage the house wilfully or negligently…’

Under s9A and s11 Landlord and Tenant Act 1985, the tenant must allow the landlord entry to the property for the purpose of viewing its condition and state of repair as long as the landlord has given the tenant at least 24 hours’ notice in writing to attend the property at reasonable times of the day.  However, the landlord cannot just enter the property if the tenant refuses access as the tenant has a right to quiet enjoyment under s3 of the Protection from Eviction Act 1977.

Safety

There are various health and safety regulations relating to property lettings including general product safety, consumer protection, electrical safety, gas safety, furniture and furnishings and fire safety. See our Letting Factsheets below for more information.

Relevant Factsheets