Housing disrepair for local authority landlords—a practical guide
Produced in partnership with Alexander Bastin of Hardwicke Chambers
Housing disrepair for local authority landlords—a practical guide

The following Local Government practice note produced in partnership with Alexander Bastin of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Housing disrepair for local authority landlords—a practical guide
  • The basis for a disrepair claim
  • How to approach a disrepair claim
  • Is there actionable disrepair?
  • Is the item within the landlord’s repairing obligations?
  • Is the item in disrepair?
  • Notice
  • Reasonable period to repair
  • Other issues to consider that may affect the claim
  • Other causes of action
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.

This Practice Note discusses disrepair claims in relation to social housing, setting out the legal basis for a claim and other the relevant factors that need to be considered.

The basis for a disrepair claim

It is important to understand the basis upon which a claim can be brought and some basic procedural matters. Disrepair claims arise, principally, out of contract and statute law, the basis of each is outlined below.

If there is a tenancy agreement the claim is likely to be in breach of contract. A copy of the tenancy agreement must be obtained to check the landlord’s express repairing obligations. There are also some standard implied terms developed by the Courts that:

  1. if a landlord carries out repairs, they must be done with reasonable skill and

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