Housing Disrepair
Housing Disrepair claims are in our view likely to rise significantly in the foreseeable future due to the rise in buy-to-let property investments.
Buy-to-let arrangements should not be entered into lightly. Even having found a suitable and reliable tenant there are continuing duties and obligations upon a landlord, particularly to provide a home of a suitable and reasonable standard.
A reasonable home standard is a property that meets the current statutory minimum standards for housing, is in a reasonable state of repair, has reasonably modern facilities and services and provides a reasonable degree of thermal comfort. These standards are set out in the Health and Safety Rating System, Part 1 of the Housing Act 2004. The HHSRS is enforced by environmental officers from the local authority in the event that they should receive a complaint from a private sector tenant.
Landlords are responsible for look after the exterior structural element of the property, which has always been subject to the repairing covenants under S11 of the Landlord & Tenant Act. Further, the HHRS provisions also account for the internal installations including the provision of proper hand basins, showers or baths and food safety including sufficient worktops, cooking facilities, cooker points and food storage facilities.
An Environmental Health Officer categorises complaints by hazards and if a category 1 hazard is found they have a duty to take formal action against a landlord.
The options available to a tenant would be to bring a civil claim under the Landlord's repairing covenants set out in Section 11 of the Landlord & Tenant Act or ask the Local Authority to carry out an HHSRS inspection. A civil claim by a tenant would be expensive and frequently the preference for an HHSRS inspection is financially better for the tenant. A landlord can be faced with a pro active health officer enforcing standards, particularly in well known poor housing areas.
If you are faced with the prospect of a housing disrepair claim, early advice is recommended in what can sometimes be not only a complex matter, but a costly one.
Please contact our specialist in this area, Kerry Hull, for expert advice on your legal rights and options.
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