Landlords’ Responsibilities for Repair and Maintenance
Related Article
The Access to Neighbouring Land Act 1992
One neighbour often needs to go on to the land of another to repair their property. Accordingly, a legal right allows this under the Access to Neighbouring Land Act 1992.
Prevention of Rats and Mice Notice
Under the Prevention of Damage by Pests Act 1949, if on any land it appears to the local authority that steps should be taken for the destruction of rats or mice or otherwise for keeping the land free from rats and mice, they may serve on the owner or occupier a notice requiring him to take, within such reasonable period as may be specified, such reasonable steps for the purpose aforesaid as may be so specified.
Police Broken Door
A perhaps surprisingly common question we get is what is the position where the police break down a tenant's door? Who should pay?
Tenants Repairing Obligations (Tenant Like Manner)
In a significant case (Warren v. Keen [1953] 3 W.L.R. 702), Denning L.J. explained the definition of “tenant-like manner”:
Landlord Not Liable Until Notice of Defect
O'Brien and Another v. Robinson [1973] 2 W.L.R. 393 House of Lords HL The first appellant was the tenant, and the respondent was the landlord of a dwelling house, to which section 32 of the Housing Act 1961 applied so that there was an implied covenant by the respondent to keep in repair the structure and exterior of the dwelling house.
Landlord's Obligation & Property Repairs: Notice of Defect Cases
Explore the principle of the landlord's liability for repairing property in possession of the tenant and how providing notice of defect cases influences their obligation.
Must Landlord Install Safety Glass?
The tenant was seriously injured when the glass panel in the door gave way. Against her landlord asserting s.4, Defective Premises Act 1972
Measure of Damages for Breach of Repairing Obligations
This article considers case law where damages have been awarded after a landlord failed to do repairs. Withholding rent whilst repairs are carried out Where the tenant does not expend sums on having repairs carried out, he cannot set off the sum which it would have cost against the rent and, contrary to popular belief, he cannot simply stop paying the rent until repairs are carried out [Taylor v Webb (1973) 2 K.B. 283). He may, however, set off a sum equal to the amount of damages to which he is entitled for breach of the landlord's covenant to repair [British Anzani v International Marine (1979) 2 All E.R. 1063 at 1074c).
Related Forms
Notify Tenant Attending to Carry out Works
a landlord should notify the tenant of a time and date when the landlord intends to carry out the works and when workers will be attending.
Re-Attending to Carry out Works
This word template is to re-arrange attendance by workers for the repairs or works.
Complaint Appeal Prevention of Damage by Pests Act 1949 Notice
Under Section 4, Damage by Pests Act 1949 a local authority may serve a notice requiring works to rid or prevent an infestation of Rats. Where such a notice seeks "structural works" the recipient of the notice may appeal
Routine Inspection Template
This template document is for a general inspection (including checking for repairs if you like). It suggests giving five days' notice, but you can change this to anything you want (as long as at least 24 hours or whatever your tenancy states).