Statutory implied terms – Breach of repair obligations

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.