Repairs

Question 1

To put in repair

Answer 1

premises to be brought up to standard at start of tenancy

Question 2

To keep in repair

Answer 2

put in repair out outset if necessary
maintain during term
deliver up in repair at end
Liability arises = when premises fall into disrepair

Question 3

Fair wear and tear excepted

Answer 3

T not liable if caused by normal action of time and elements

Question 4

In good condition

Answer 4

Separate concept; significant addition to what is conveyed as repair

Question 5

Standard of repair if not expressly prescribed

Answer 5

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

Question 6

Definition of repair - new approach

Answer 6

Question of degree - cost of work v value/cost of premises

T repairing or giving back wholly different thing than demised

Question 7

Inherent defects

Answer 7

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

Question 8

LL repairing obligation - s8 LTA 85

Answer 8

Fitness for human habitation at outset and during term

low rent tenancies

Question 9

LL repairing obligation - s11(1) LTA 85

Answer 9

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

Question 10

LL repairing obligation - Occupiers Liability Acts 57 and 84

Answer 10

Indirect obligation to put right a defect if visitor insured on premises to prevent repeated claims for damages

Question 11

LL repairing obligation - Defective Premises Act 1974

Answer 11

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

Question 12

LL repairing obligation - implied

Answer 12

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

Question 13

T repairing obligations - implied

Answer 13

Not to commit tort of waste
Tenant like user
Permit LL to enter and view to execute repairs in certain circumstances

Question 14

Voluntary waste

Answer 14

deliberate/negligent acts which destroys or causes perm damage to premises
Damages or injunction

Question 15

Permissive Waste

Answer 15

Omission to take action to prevent damage
Not weekly, at will or at sufference
Damages

Question 16

Ameliorating waste

Answer 16

altering character of premises to their betterment

Danages

Question 17

Tenant like user

Answer 17

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

Question 18

Implied covenant to allow LL to enter, view and execute repairs

Answer 18

weekly tenancies
where LL express covenant to repair
RA/assured tenancies
LL obligations under s8 or 11 LTA85

Question 19

LL remedies - repairs

Answer 19

self help
damages
specific performance
forfeiture (leasehold property repairs act may apply)
possession under the Acts

Question 20

T remedies - repairs

Answer 20

self help/rent offset
damages
specific performance
repudiation
appt of receiver/manager
public law action

Question 21

Appointment of receiver/manager - Supreme Court Act 1981 -

Answer 21

application to cts; will appoint where is just and equitable to carry out some functions of LL

Question 22

Appointment of receiver/manager - pt II LTA 87

Answer 22

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

Question 23

Appointment of receiver/manager - Right to Manage - CLRA02

Answer 23

Ts of qualifying blocks of flat can set up RTM company

No need to show default of LL

Question 24

Housing Act 2004

Answer 24

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

Question 25

Environmental Protection Act 1990

Answer 25

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

Question 26

Leasehold Property (Repairs)Act 1938 - applies when/how

Answer 26

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

Question 27

Leasehold Proeprty (Repairs)Act 1938 - grounds for cts to allow LL to proceed with forfeiture

Answer 27

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

Question 28

Leasehold Property (Repairs)Act 1938 doesnt apply to breach of covenants for.

Answer 28

agricultural holdings
putting into repair at outset
internal repairs
legal mortgagees in possession
to cleanse or layout insurance monies

Question 29

Leasehold Property (Repairs) Act 1938 - relief s147

Answer 29

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