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Landlords are expected to keep any property they let to tenants, in a good state of repair and well maintained. There are legal requirements as well as best practice for the safe and effective letting of a premise.

Landlords are expected to keep any property they let to tenants, in a good state of repair and well maintained. There are legal requirements as well as best practice for the safe and effective letting of a premise.

In addition to any repair responsibilities expressly set out in the tenancy agreement; common law and statute will imply terms to the agreement between landlord and tenant. These are obligations between the landlord and tenant which may not be set down in the agreement but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they have not been specifically agreed between the two parties.

As a general rule the building itself and the immediate surroundings should be able to withstand normal weather conditions, and normal use by tenants and their visitors. It must be in a reasonable state of repair both internally and externally, and fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside or condensation.

Statutory and Common Law requires that there should be no unacceptable level of risk to the health or safety of the occupiers or their visitors. Remember that if the tenant or visitors have an accident or suffer injury due to the poor condition of the property (for example a fall caused by a broken handrail or respiratory diseases caused by damp conditions), you may be liable to them for damages for personal injury.

There are other specific obligations to repair and maintain, such as

• the Housing Health and Safety Rating System
• responsibilities for gas and electrical safety
• furnishings and fire safety
• responsibilities of managers of Houses of Multiple Occupation.

These are detailed in separate subjects elsewhere in the Landlord Library.

Implied terms are those terms that are incorporated within a legal lease, tenancy agreement and/or licence even if the parties, landlord and/or tenant, did not express them (for example in an oral contract) or because the law requires them to be implied whether the parties intended them to be implied or not. Implied terms can arise from either common law and/or statute.

Implied terms are those terms that are incorporated within a legal lease, tenancy agreement and/or licence even if the parties, landlord and/or tenant, did not express them (for example in an oral contract) or because the law requires them to be implied whether the parties intended them to be implied or not. Implied terms can arise from either common law and/or statute.

Note: any attempts to evade statutory and common law repairing responsibilities by way of including a contract term in the tenancy agreement, will normally result in the relevant term being found void under the Unfair Terms in Consumer Contracts Regulations 1999. For example, terms requiring the tenant to be responsible for repairs to the gas appliances; or any clauses requiring rent to be paid without set-off (as this would be an attempt to exclude the tenant’s common law right to set-off).

The main implied terms in respect of common law in relation to repairs are detailed below:

The main implied terms in respect of common law in relation to repairs are detailed below:

• the right of a tenant to quiet enjoyment of a rented property without intrusion or disturbance by a landlord. Generally a landlord does not have the right to turn up unannounced to check on a property or tenant. It must be agreed mutually beforehand, where the landlord wishes to enter for a specific purpose, such a repairing a window. It has been held that breach of the repairing covenants can also be considered to be breach of the covenant of quiet enjoyment
• fitness for habitation – the property must be fit for human habitation at the start of the tenancy and be kept this way by the landlord during the term of the tenancy.
• tenants must use the property in a ‘tenant like manner’.
  • the tenant should not commit waste – waste is any act or omission which results in a permanent change to the premises
  • tenants are to leave the property in the same condition as when they took possession, fair wear and tear excepted
  • the tenant must not use rent to pay for repairs. Repairs must be reported to the landlord/agent. Using rent for any other means could result in eviction from the property.

This has been defined in the case law as “to do the little jobs about the place which a reasonable tenant would do” such as keeping toilets and drains clear, regular cleaning including windows, putting refuse out for collection and gardening if applicable.

 

Section 11 of the Landlord and Tenant Act 1985 (which replaced S.32 of the Housing Act 1961) is a statutory implied term that the landlord shall keep in repair:

Section 11 of the Landlord and Tenant Act 1985 (which replaced S.32 of the Housing Act 1961) is a statutory implied term that the landlord shall keep in repair:

• the structure and exterior of the dwelling
• the installations for the supply of water, gas, electricity and sanitation
• the installations for the supply of space heating and water heating
• the communal areas and installations associated with the dwelling (S.11 as amended by S.116 of the Housing Act 1988).

The Act also provides that the standard of repair necessary will vary depending on the ‘age, character, and prospective life of the property and its location’.

Landlords (or people authorised by them) who are subject to the provisions of section 11 of the Landlord and Tenant Act 1985, have the right to access the property for the purpose of viewing its condition and state of repair [section 11 – subsection (6)]. The access can only be at reasonable times of the day and after giving not less than 24 hours notice in writing. This section does not extend to actually carrying out the repairs. However, the right to enter to do repairs (subject to notice being given) is generally included in tenancy agreements.

Landlords (or people authorised by them) who are subject to the provisions of section 11 of the Landlord and Tenant Act 1985, have the right to access the property for the purpose of viewing its condition and state of repair [section 11 – subsection (6)]. The access can only be at reasonable times of the day and after giving not less than 24 hours notice in writing. This section does not extend to actually carrying out the repairs. However, the right to enter to do repairs (subject to notice being given) is generally included in tenancy agreements. In addition, if the tenant refuses to allow the landlord access to carry out the repairs, the tenant will not be in a position to complain about the property or to claim for damages for disrepair or for personal injury caused by the disrepair. Indeed if the tenant’s failure to allow the landlord access to do the works results in further deterioration or damage to the property, they may be liable to the landlord (entitling the landlord, for example, to deduct the additional costs incurred from the damage deposit). Note that although section 11(6) gives the landlord the right to enter the property (after having given notice), this does not mean that the landlord is entitled to enter the property at that time regardless if the tenant asks the landlord not to. However, if the particular appointment time is inconvenient, the tenant will be expected to consent to an appointment at another time.

If the tenant refuses to allow the landlord access at all, the tenant will be in breach of contract. In some circumstances (for example if the property is clearly in disrepair) this may entitle the landlord to apply for an order for possession. Landlords should not enter the property without the express permission of the tenant. Where a tenant has given permission, but has advised they will not be at the property themselves, landlords are recommended to ensure they are accompanied by a witness. If they don’t do this, they may be making themselves liable to a claim of harassment, or be vulnerable to allegations of theft if the tenant claims that property has gone missing.

The landlord will not be liable for works or repairs caused by the tenant’s breach of his obligations under the tenancy. Action can be taken by the tenant in the County Court for breaches of the landlord’s repairing obligation. This is a civil action and tenants can claim compensation for damage and inconvenience resulting from the breach. The landlord should receive notice of this in advance of any claim being brought, as tenants are now obliged to comply with the ‘Pre-action Protocol for Housing Disrepair’.

The landlord will not be liable for works or repairs caused by the tenant’s breach of his obligations under the tenancy. Action can be taken by the tenant in the County Court for breaches of the landlord’s repairing obligation. This is a civil action and tenants can claim compensation for damage and inconvenience resulting from the breach. The landlord should receive notice of this in advance of any claim being brought, as tenants are now obliged to comply with the ‘Pre-action Protocol for Housing Disrepair’. This protocol provides that tenants must inform their landlord in writing (an ‘early notification letter’ followed by a ‘letter of claim’) of all relevant matters before issuing legal proceedings. The protocol gives full details of the information to be provided and specimen letters. If the tenant does not comply with the protocol, the landlord can ask the court to stay the claim until the provisions of the protocol have been complied with. Further details can be obtained from the court service website – see link in the Additional Resources section.

Section 17 of the Landlord and Tenant Act 1985 requires specific performance by the landlord where there has been a breach, i.e. the payment of compensation will not be sufficient remedy. This means that the county court can make an order requiring the landlord to fulfil the express or implied repairing terms of the tenancy agreement. The county court can make an injunction requiring the landlord to do repair work which may or may not be within the terms of the contract. If the landlord fails to carry out the works required by the court order, the landlord, or its named officer, can be committed to prison for contempt. The county court can alternatively direct that the repairs be undertaken by or on behalf of the tenant at the landlord’s expense.

Damages can still be claimed even if the works are carried out by the time the case reaches Court. In practice it is rare for these extreme measures to be used. However you need to be aware that these penalties exist, and should be careful to deal promptly with your repairing obligations when they arise. It is after all protecting your financial investment. If the property is properly insured most costly repairs and works should be covered by the insurance policy.

The landlord is not impliedly liable for dangerous defects; however Section 4 of the Defective Premises Act 1972 places a duty of care on the landlord in relation to any person who might be affected by a defect, ‘to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury and from damage to their property caused by a relevant defect’. This is civil redress. A defect is relevant if the landlord knew about it or should have known about it – the fact that a defect has not been reported or there has been a failure to inspect (e.g.

The landlord is not impliedly liable for dangerous defects; however Section 4 of the Defective Premises Act 1972 places a duty of care on the landlord in relation to any person who might be affected by a defect, ‘to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury and from damage to their property caused by a relevant defect’. This is civil redress. A defect is relevant if the landlord knew about it or should have known about it – the fact that a defect has not been reported or there has been a failure to inspect (e.g. rotten floorboards or joists) does not remove liability. It is for this reason that it is important that landlords (or their agents) carry out regular inspections.

In this case the premises includes the whole of the letting – i.e. including gardens, patios, walls, etc – and can be applied to the communal areas of estates, including lifts, rubbish chutes, stairs and corridors. Section 4 provides tenants or other affected persons with the right to seek damages for personal injury or damage to property.

Section 2 of the Occupiers’ Liability Act 1957 provides that the occupier of a property has a duty of care to all visitors who come onto their premises. This applies to landlords where they are the legal occupier of some parts of their rented stock e.g. using areas such as lifts and common parts.

Section 2 of the Occupiers’ Liability Act 1957 provides that the occupier of a property has a duty of care to all visitors who come onto their premises. This applies to landlords where they are the legal occupier of some parts of their rented stock e.g. using areas such as lifts and common parts.

The duty means taking such care as would be reasonable in all circumstances to see that the visitor is reasonably safe in using the premises for its purpose. The landlord is liable for any injury caused to a visitor as a result of defects in the part of the building occupied by the landlord.