The following Local Government guidance note Produced in partnership with Alexander Bastin of Hardwicke provides comprehensive and up to date legal information covering:
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.
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:
if a landlord carries out repairs, they must be done with reasonable skill and care and using proper materials
a landlord must not derogate from its grant (ie not let retained premises fall into such a condition as to have a deleterious effect on the demised premises)
The basis of a claim in statute in all cases, including for oral tenancies, arises under section 11 of the Landlord and Tenant Act 1985 (LTA 1985). Section 11 implies a compulsory contractual term into all tenancies (even where there is an express repairing covenant) of less than seven years (and so will apply to all weekly periodic secure tenancies)
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