Repairs Flashcards
To put in repair
premises to be brought up to standard at start of tenancy
To keep in repair
put in repair out outset if necessary
maintain during term
deliver up in repair at end
Liability arises = when premises fall into disrepair
Fair wear and tear excepted
T not liable if caused by normal action of time and elements
In good condition
Separate concept; significant addition to what is conveyed as repair
Standard of repair if not expressly prescribed
Cts consider term & standard at outset
Long lease - reasonably minded owner
Short lease - fit for occupation of reasonably minded T given age, character and locality
Definition of repair - new approach
Question of degree - cost of work v value/cost of premises
T repairing or giving back wholly different thing than demised
Inherent defects
Previously - Doctrine of inherent defect - remedying of inherent defects does not fall within ambit of repairing covenant as in Collins v Flynn 1963 BUT
True test is a question of degree - cost of work required small relative to value of building Ravenseft Ltd v Davstone Ltd 1980
So remedying an inherent defect can be a repair
LL repairing obligation - s8 LTA 85
Fitness for human habitation at outset and during term
low rent tenancies
LL repairing obligation - s11(1) LTA 85
Short lease of dwelling house
Tenancy/lease, term 7 years or less, granted on/after 24 Oct 61, of a dwelling hosue
Keep in repair structure, exterior, installations - gas, water, electric, sanitation, space and water heating
Liability when LL has notice
LL repairing obligation - Occupiers Liability Acts 57 and 84
Indirect obligation to put right a defect if visitor insured on premises to prevent repeated claims for damages
LL repairing obligation - Defective Premises Act 1974
Where LL has repairing obligation - express or by LTA85
Ensure T/household safe from personal injury from damage caused by defect in repairing obligation
Disrepair, and property unsafe
Liability when knows or ought to have known
LL repairing obligation - implied
OUTSET OF TENANCY:
Dwelling houses in course of erection - built with property material, workman like manner, fit for human habitation when complete
Furnished dwelling houses - fit for human habitation when let
T repairing obligations - implied
Not to commit tort of waste
Tenant like user
Permit LL to enter and view to execute repairs in certain circumstances
Voluntary waste
deliberate/negligent acts which destroys or causes perm damage to premises
Damages or injunction
Permissive Waste
Omission to take action to prevent damage
Not weekly, at will or at sufference
Damages
Ameliorating waste
altering character of premises to their betterment
Danages
Tenant like user
to use premises in tenant like manner
to deliver up possession at end of term in same condition when they took them, fair wear and tear excpeted
T liable for damage done by others
Implied covenant to allow LL to enter, view and execute repairs
weekly tenancies
where LL express covenant to repair
RA/assured tenancies
LL obligations under s8 or 11 LTA85
LL remedies - repairs
self help damages specific performance forfeiture (leasehold property repairs act may apply) possession under the Acts
T remedies - repairs
self help/rent offset damages specific performance repudiation appt of receiver/manager public law action
Appointment of receiver/manager - Supreme Court Act 1981 -
application to cts; will appoint where is just and equitable to carry out some functions of LL
Appointment of receiver/manager - pt II LTA 87
premises containing flats
cts can appoint to carry out management functions of LL where in breach of obligation and just and convenient to do so
Appointment of receiver/manager - Right to Manage - CLRA02
Ts of qualifying blocks of flat can set up RTM company
No need to show default of LL
Housing Act 2004
LA obliged to monitor all housing conditions and identify if action needed if hazards exist
Hazard - risk of harm to H&S to occupier
Enforcement action - LA must serve notices
Environmental Protection Act 1990
Aim to eliminate private and public sector housing conditions which are a statutory nuisance
Stat nuisance - inc premises prejudicial to health eg excessive damp
LA can serve abatement notice on LL/person responsible for nuisance
Leasehold Property (Repairs)Act 1938 - applies when/how
Applies if lease 7 years + and 3+ years remain,
s146 notice must advise T that he can claim benefit
LL cant recover costs unless he does so, if no express right in lease
If T serves counter notice claiming benefit, LL cant proceed without leave of court
Leasehold Proeprty (Repairs)Act 1938 - grounds for cts to allow LL to proceed with forfeiture
prevent substantial drop in value of reversion
comply with enactment/law
interest of another occupier
small cost v greater expense if work postponed
special circ - just and equitable
Leasehold Property (Repairs)Act 1938 doesnt apply to breach of covenants for.
agricultural holdings putting into repair at outset internal repairs legal mortgagees in possession to cleanse or layout insurance monies
Leasehold Property (Repairs) Act 1938 - relief s147
Where s146 applies to internal decorative repairs EXCEPT:
epxress cov to put in decorative repair at outset
sanitary condition, preserve structure
statutory liablity - fit for human habitation
cov to yield up in repair
