Housing Disrepair Flashcards
When is a property unfit for human habitation?
Your home might be unfit for human habitation if for example:
it has a serious problem with damp or mould
it gets much too hot or cold
there are too many people living in it
it’s infested with pests like rats or cockroaches
it doesn’t have a safe water supply
What is negligence in relation to housing disrepair?
Negligence
Negligence is generally about your landlord causing you injury or damage as a result of their careless or negligent behaviour.
For example, your landlord may be negligent if they didn’t do the repair work needed in your home after you told them about it, and as a result you injured yourself or your belongings were damaged. They could also be negligent if they did do the repair work, but did it carelessly or dangerously.
What is a statutory nuisance?
Statutory nuisance
Your landlord mustn’t cause a statutory nuisance. A statutory nuisance happens when your home is in such a state as to be harmful to your health or is a nuisance.
Disrepair that’s harmful to your health could include dampness and mould growth.
Local authorities generally take action against landlords where there’s a statutory nuisance. This would be under the environmental protection Act.
More about local authority help with statutory nuisance for tenants in social housing
What about the defective premises Act?
The Defective Premises Act 1972
Your landlord owes you certain duties of care that are set out in this Act. They include a duty to prevent personal injury or damage to property caused by defects in your home. This duty is owed to you, members of your family, and also to visitors to your home.
The duty is owed where your landlord is under an obligation to repair or maintain your home, or has a right to enter the property to carry out maintenance or repairs.
The duty is owed if the landlord knows or ought to have known about the repair, even if you haven’t told your landlord.
The Decent Homes Standard in England
Accommodation owned by social housing landlords must meet the Decent Homes Standard. Landlords must continue to maintain homes to at least this standard.
A decent home must:
meet the current minimum standard for housing - the property must be free of Category 1 hazards under the Housing Health and Safety Rating System
be in a reasonable state of repair
have reasonably modern facilities and services
provide a reasonable degree of thermal comfort - this is about insulation and heating
You can check guidance on the Housing Health and Safety Rating System and find out more about Decent Homes on GOV.UK.
What can teh court do?
The court can make your landlord do the repair work by making:
an order called an order for specific performance, or
an injunction called a mandatory injunction.
The court also has the power to make a declaration that you can do the repairs yourself and deduct the cost from future rent.
If your landlord doesn’t do the repair work specified in the order or injunction, they can be fined or imprisoned.
Compensation
The court can also award compensation called damages. Damages put you back in the financial position you would have been in had your landlord made the repairs when they should have done. You can get damages if:
you’ve been injured or made ill
your belongings have been damaged or destroyed
you’ve been inconvenienced and unable to use your home in the normal way.
What about pre-action Protocols?
Pre-action protocols
Before taking court action, you must follow a special procedure called the Pre-Action Protocol for Housing Disrepair Cases - the ‘Disrepair Protocol’.
he Disrepair Protocol sets out specific procedures and timetables that must be followed from when a claim is started. It aims to encourage you and your landlord to resolve the problem without having to go to court.
You should have already reported the repairs and given your landlord a reasonable amount of time to do the work. If you haven’t, check how to report repairs.
Your landlord has 20 working days to respond to your letter. If their response isn’t satisfactory, or the problem isn’t resolved, you can apply to the county court.
Pre Action protocol timescales?
Under the protocol you should send your landlord a letter to warn them you’re considering court action.
Your landlord has 20 working days to respond to your letter. If their response isn’t satisfactory, or the problem isn’t resolved, you can apply to the county court.
Lindisfarne - failure to act.
Level 2 – I have undertaken numerous legal inspections, preparing reports and schedules of condition to comply with our duty as a landlord to take reasonable care. In this way, claims for negligence, particularly with regard to a failure to act, are mitigated. I recently identified a long-term roof leak that had caused saturation to the walls and floors of a tenant’s property. I stated clearly in my legal report that the property in its current state was unfit for human habitation. Aware of the risk to health and possible negligence due to a failure to act, I swiftly authorised a decant of the resident, during which repairs were initiated. I prepared a schedule of condition and photographic schedule of necessary work, which included reinstatement costs to make the property habitable. I then provided input and recommendations to our solicitors so informed decisions could be made in negotiations with third parties.rt.
What is a Scott Schedule?
Produced a Scott Schedule: which included location, defect, remedy & cost.
A Scott Schedule is a document used in legal proceedings, typically in construction disputes or personal injury cases, to itemize and quantify the losses or damages claimed by each party. It is named after the court case in which it was first used, Scott v. Avery (1856).
The Scott Schedule typically sets out the issues in dispute, followed by a list of items with a brief description and a value or cost associated with each item. The document is usually structured in a table format, with columns for each item and row for each party’s position on that item.
The Scott Schedule is used to help parties and the court to understand the issues in dispute, and to assist in quantifying the damages or losses claimed by each party. It is often used in conjunction with other evidence, such as witness statements and expert reports, and can be a useful tool in negotiating a settlement or in preparing for trial.
What is the legal disrepair process? - ChatGTP response.
In England, a legal disrepair inspection refers to an assessment conducted to evaluate the condition of a rental property that is subject to a dispute between a tenant and a landlord regarding maintenance or repair issues. It is typically carried out when a tenant believes that their landlord has failed to address or rectify disrepair problems in the property.
In England, the legal framework governing disrepair inspections is primarily based on the Landlord and Tenant Act 1985, which sets out the responsibilities of landlords to maintain rented properties in a state of good repair. The inspection process usually involves the following steps:
Tenant’s Notification: The tenant should formally notify the landlord in writing about the disrepair issues, providing details of the problems and requesting repairs.
Landlord’s Response: The landlord is obligated to respond within a reasonable timeframe. If the landlord fails to address the issues adequately, the tenant may proceed with legal action.
Pre-action Protocol for Housing Disrepair: Before initiating legal proceedings, the tenant’s solicitor may send a letter of claim to the landlord, outlining the disrepair problems and the desired resolution. The landlord is given a specific time to respond and undertake necessary repairs.
Legal Disrepair Inspection: If the landlord does not respond satisfactorily or fails to carry out the required repairs, the tenant may proceed with a legal disrepair claim. This typically involves instructing a qualified professional, such as a surveyor or housing disrepair expert, to conduct an inspection of the property. The expert will assess the condition of the property, identify disrepair issues, and produce an inspection report.
Evidence in Legal Proceedings: The inspection report forms a crucial piece of evidence in legal proceedings. It is submitted to the court, providing a detailed assessment of the disrepair, including its extent, impact on the property, and potential health and safety risks. The report helps establish the tenant’s case and supports their claim for compensation, repairs, or a rent reduction.
It is important for tenants and landlords in England to be aware of their rights and obligations regarding disrepair issues. Seeking legal advice or contacting organizations such as the Citizens Advice Bureau or a housing rights organization can provide specific guidance tailored to individual circumstances.
What is a legal inspection: David’s response
In our organisation a tenant has taken out a legal claim against us alleging failure to repair – can relate to anything from subsidence to leaks. Highlighting where we have failed to act to resolve a repair issue. Our role will be a survey of the condition of a property, both inside and out, paying attention to disrepair items and defects which will need to be remediated. This survey document forms the basis of repair and a record which may go to court. Often to do with negligence
Unfit for human habitation – what do you mean by this? Tell me about the Homes (Fitness for Human Habitation) Act 2018 What about the homes fitness for human habitation act?
The Act amends the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation.
Your landlord must make sure that your home is ‘fit for human habitation’, which means that it’s safe, healthy and free from things that could cause you or anyone else in your household serious harm. For example, if your house or flat is too cold and you can’t heat it, this can affect your health.
The Homes Act applies to tenants who live in social or privately rented houses and flats.
If rented houses and flats are not ‘fit for human habitation’, tenants can take their landlords to court. The court can make the landlord carry out repairs or put right health and safety problems. The court can also make the landlord pay compensation to the tenant.
What is disrepair?
Housing Disrepair:
In order for something to amount to a disrepair there must be a deterioration i.e. part of the property is in a worse condition than it was.
If something is new for the benefit of the occupier – that is an improvement. But if it is only the replacement of something already there which as become dilapidated or worn out, then it comes within repair not improvement.
What is an inherent defect?
Inherent defects: the landlord is not liable under contractual repairing obligation simply because part of the dwelling was designed or constructed badly… if the dwelling has always and the defect in question, there has been no deterioration. If the inherent defect causes disrepair to other parts of the building for which the landlord is responsible under the terms of the tenancy agreement, the court will usually to require the landlords to remedy that damage.
Exemptions occur when work is too extensive or costly to be a repair such as complete replacement of foundations, complete replacement of cladding to a high rise building.
