Legislation Flashcards
Landlord and Tenant Act 1985 Homes Act 2018 Housing Act 2004 (HHSRS) Building Regulations 2010 Equality Act 2010
What is the Landlord and Tenant Act 1985?
The Act provides the last word over who should carry out major repairs to a rented home and who should pay for them.
This act sets out various rights and responsibilities for landlords and tenants.
Refers to all short leases for residential property and tenancies agreed for a period of less than seven years.
The act does not, impose a duty to make improvements.
The three sections that are referred to when making a housing disrepair claim are Section 9A, 10 and 11.
What is Section 9A of the Landlord and Tenant Act 1985?
The property must be fit for human habitation at the beginning and during the term of the lease.
If the disrepair makes the dwelling uninhabitable, it is a category 1 hazard as set out in the HHSRS.
What is Section 10 of the Landlord and Tenant Act 1985?
The conditions for determining if a dwelling is unfit for human habitation are as follows;
Repair: the building has been neglected and is in a bad condition
Stability: the building is unstable, e.g. structural problems including subsidence or potential collapse
Freedom from damp: there’s a serious problem with damp, e.g. rising, penetrating or condensation caused by disrepair
Internal arrangement: it has an unsafe layout, e.g. means of escape problems, room within a room,
Natural lighting: there’s not enough natural light, e.g. internal room without windows
Ventilation: there’s not enough ventilation, e.g. limited background (trickle) vents or extractor fans
Water supply: there is a problem with the supply of hot and cold water. e.g. no hot water
Drainage and sanitary conveniences: there are problems with the drainage or the lavatories
Facilities for preparation and cooking of food and for the disposal of waste water: it’s difficult to prepare and cook food or wash up.
..or any of the 29 hazards set out in the Housing Health and Safety (England) Regulations 2005
What is Section 11 of the Landlord and Tenant Act 1985?
The landlord is obliged to repair;
The building structure and exterior.
Installations and services within the dwelling providing; water, gas and electricity. Space heating and heating water.
What items may the Landlord NOT be liable to repair?
Floor coverings
Decorative repairs (where causation is tenant usage)
What is the Housing Act 2004?
This Act is the legislation that introduced the Housing Health and Safety Rating System, mandatory HMO licensing, additional & selective licensing and the tenancy deposit protection scheme. As such, it is the main housing legislation used by local councils in England and Wales.
What does Section 2 of the Housing Act 2004 outline?
Section 2 defines the meaning of a ‘category 1’ and ‘category 2’ hazard.
Category 1 - a numerical score of or above a prescribed amount.
Category 2 - a numerical score below the minimum amount prescribed for a category 1 hazard of that description.
What is the definition of HHSRS?
Housing Health and Safety Rating System
How many Prescribed Hazards are there?
29
Name the 29 prescribed hazards
- Damp and Mould growth
- Excess cold
- Excess heat
- Asbestos and MMF
- Biocides
- Carbon monoxide and fuel combustion products
- Lead
8.Radiation - Uncombusted fuel gas
- Volatile organic compounds
- Crowding and space
- Entry by intruders
- Lighting
- Noise
- Domestic hygiene, pests and refuse
- Food safety
- Personal hygiene, sanitation and drainage
- Water supply
- Falling associated with baths etc
- Falling on level surfaces etc
- Falling on stairs etc
- Falling between levels
- Electrical hazards
- Fire
- Flames, hot surfaces etc
- Collision and entrapment
- Explosions
- Position and operability of amenities etc
- Structural collapse and falling elements
What are the Building Regulations 2010?
The Building Regulations are intended to protect people’s safety, health and welfare in and around buildings. The regulations are also designed to improve conservation of fuel and power, protect and enhance the environment and promote sustainable development.
To help people to comply with them the Government produced Approved Documents which offer guidance and show ways of achieving compliance.
What are the Approved Documents?
A series of approved documents provide practical guidance on ways to comply with the requirements of the building regulations. Each approved document contains: general guidance on the performance expected of materials and building work in order to comply with each of the requirements.
What are the Approved Documents?
Structure: A
Fire Safety: B
Site preparation and resistance to contaminates and moisture: C
Toxic substances: D
Resistance to sound: E
Ventilation: F
Sanitation, hot water safety and water efficiency: G
Drainage and waste disposal: H
Combustion appliances and fuel storage systems: J
Protection from falling, collision and impact: K
Conservation of fuel and power: L
Access to and use of buildings: M
Overheating: O
Electrical safety: P
Security in dwellings: Q
Infrastructure for electronic communications: R
Infrastructure for charging electric vehicles: S
Material and workmanship: 7
What is the Homes (Fitness for Human Habitation) Act 2018?
This Act was implemented to amend the L&T Act 1985, specifically sections 9A, B & C were added to the Act.
It was implemented to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation.
This Act applies to England and Wales.
What is the Equality Act 2010?
The Equality Act became law in 2010. It covers everyone in Britain and protects people from discrimination, harassment and/or victimisation. Everyone in Britain is protected. This is because the act protects people against discrimination because of the protected characteristics that we all have. Under the act, there are nine protected characteristics:
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
