Landlords’ Responsibilities for Repair and Maintenance
Related Article
No Breach of Repairing Obligation Until Notice and Reasonable Time (Within Demise)
The landlord's obligation in relation to property in the possession of the tenant is not an undertaking to prevent them ever getting out of repair during the continuance of the tenancy; it is an undertaking to do work of repair on the premises from time to time as and when they have become out of repair. Thus the landlord is not liable for breach of covenant as soon as the premises are in fact out of repair. Until the landlord has notice of the disrepair no breach arises; nor does any breach arise thereafter if the landlord then carries out the necessary work of repair with reasonable expedition.
Must Landlord Install Safety Glass?
The tenant was seriously injured when the glass panel in the door gave way. Against her landlord asserting s.4, Defective Premises Act 1972
Measure of Damages for Breach of Repairing Obligations
This article considers case law where damages have been awarded after a landlord failed to do repairs. Withholding rent whilst repairs are carried out Where the tenant does not expend sums on having repairs carried out, he cannot set off the sum which it would have cost against the rent and, contrary to popular belief, he cannot simply stop paying the rent until repairs are carried out [Taylor v Webb (1973) 2 K.B. 283). He may, however, set off a sum equal to the amount of damages to which he is entitled for breach of the landlord's covenant to repair [British Anzani v International Marine (1979) 2 All E.R. 1063 at 1074c).
Have Your Say on Decent Homes Standards
Whoever sits in the housing hot seat for Prime Minister Liz Truss’ new government will bring the decent homes standard to bear on buy-to-let properties in England.
Decent Homes Standard Consultation
The Government proposes introducing a new ‘Decent Homes Standard’ in the private rented sector in England. A consultation has been announced, which sets out the Government’s proposal for the new Standard and seeks views on how they could implement it.
Mortgage Trap for Cladding Crisis Landlords
Thousands of landlords renting out buy-to-let apartments face huge bills to pay for the stripping of unsafe cladding from blocks of flats.
New App Helps Tenants Complain About Landlords
A new online app aims to help private landlords and tenants resolve disputes over repairs but misses the mark.
What to Do if a Neighbour Won’t Fix a Fence
What can landlords do when the neighbours have no boundaries or the fence blows down?
Clearing Ice And Snow – What Landlords Need To Know
if someone trips or falls on a cleared pathway or suffers an injury slipping on uncleared ice and snow outside a privately rented home, who is liable
Homes Fit to Live in - Existing Tenancies From March 2020
A new law for England that makes sure landlords offer tenants homes that are fit to live in is about to kick in
Where Landlord Building Costs Go Through the Roof
Landlords looking for reliable tradesmen have scant pricing and rating information to work from - but a new service hopes to ensure building costs don’t go through the roof.
Tenant Fee Ban Saddles Landlord With Repair Bills
Landlords should not charge tenants a handling fee for arranging repairs - even if the tenant has caused damage to a rental home.
Thousands of Rented Homes Riddled With Faults
According to a survey in 2019, thousands of renters live in homes with health and safety hazards.
New Law Demands Better Living Standards for Tenants
New rules raising the bar for living standards in private rented homes in England come into force from March 20 2019.
Buy to Let Standards Are Still Lacking
Official data in 2018 paints a big picture of a rosy future for buy-to-let, but the small details are letting landlords down.
Homes (Fitness for Human Habitation) Act 2018
The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019.
Knotweed Suffers From Fearsome False Reputation
Landlords should not avoid buying homes with blighted prices because their gardens are infested with the feared Japanese Knotweed.
Cowboy Clients Ruin Business for Builders
Many buy-to-let landlords will be shocked to see that builders consider them cowboy clients.
Who's Right About Buy to Let Repair Gripes?
Official private home rental data from the government seems to paint a different picture of the market from a report released by consumer charity Citizens Advice.
Dishonest Tenants Try to Dodge Paying for Buy to Let Repairs
According to a survey, don’t trust a tenant who damages a rented home to pay for the repairs.
Landlord Was Not Liable For A Slip On A Shared Path
Edwards v Kumarasamy [2016] UKSC 40 landlord held not liable for a trip by a tenant on a shared path
7 Things Landlords Should Do To Get Ready For Winter
Winter’s on the way – and it’s that time of year when landlords' phones are ringing off the hook with tenants reporting failed boilers and heating systems.
ASBO Threat To Landlords Who Fail To Control Weeds
Japanese Knotweed, Giant Hogweed and Himalayan Balsam may sound like exotic plants but they are on a list of invasive weeds that can cost landlords.
Water Authority Section 75 Notice - Leaking Mains Water Pipe
A notice was served under section 75 Water Industry Act 1991, requiring the works to be completed within 14 days.
When Does the Absolute Duty to Repair Apply?
Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013) relates to repairing obligations on commercial premises but it’s worthy of note because it contains general information about duties of repair which will equally apply to residential premises.
Thermal Insulating Boards and Internal Cladding
Fixing thermal laminate boards internally cladded to a cold wall can help eliminate dampness and mould on cold walls whilst improving the thermal efficiency of the wall/building.
Infestation of Rats, Mice and Other Pests
This article looks at the landlord's duty if there's an infestation of rats, mice, wasps, bees, bed bugs, pigeons or other pests.
Door Handle Missing - Landlord and Builder Negligent
Alexander v Freshwater Properties Ltd & Anor [2012] EWCA Civ 1048 is a case where a landlord and building contractor were held jointly liable under the Occupiers Liability Act 1957 for negligence where a tenant suffered a partial amputation of a finger due to a door handle being removed for a number of weeks.
Missing Handrail - Landlord Held Liable for Fall
Hannon v Hillingdon Homes Ltd [2012] EWHC 1437 (QB) is a personal injury claim which arises out of an injury that the claimant suffered when he fell due to a missing handrail whilst carrying out maintenance work to the central heating
Landlord not Liable for Tenant Slipping on Steps
Drysdale v Hedges - The landlord painted steps outside the let building, and the tenant slipped and injured her back. The court held that the landlord was not liable because the steps were not out of repair.
Plaster - Is it Part of Structure?
Whether plaster on a wall is part of the "structure" (and therefore part of the landlord's duty to keep in repair) has been long-running.
Right to Set Off Repairs From Rent Arrears Claim
One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant makes a claim against the landlord for random disrepair issues, often never previously notified to the landlord
Equality Act 2010
This page looks at the Equality Act 2010. In particular, the most common duty under the Act for landlords will be adapting premises for disabled persons.
Drains on Neighbouring Land
Landlords have many problems with blocked drains; the landlord usually has to repair and maintain drains or sewers.
The Access to Neighbouring Land Act 1992
One neighbour often needs to go on to the land of another to repair their property. Accordingly, a legal right allows this under the Access to Neighbouring Land Act 1992.
Prevention of Rats and Mice Notice
Under the Prevention of Damage by Pests Act 1949, if on any land it appears to the local authority that steps should be taken for the destruction of rats or mice or otherwise for keeping the land free from rats and mice, they may serve on the owner or occupier a notice requiring him to take, within such reasonable period as may be specified, such reasonable steps for the purpose aforesaid as may be so specified.
Police Broken Door
A perhaps surprisingly common question we get is what is the position where the police break down a tenant's door? Who should pay?
Tenants Repairing Obligations (Tenant Like Manner)
In a significant case (Warren v. Keen [1953] 3 W.L.R. 702), Denning L.J. explained the definition of “tenant-like manner”:
Landlord Not Liable Until Notice of Defect
O'Brien and Another v. Robinson [1973] 2 W.L.R. 393 House of Lords HL The first appellant was the tenant, and the respondent was the landlord of a dwelling house, to which section 32 of the Housing Act 1961 applied so that there was an implied covenant by the respondent to keep in repair the structure and exterior of the dwelling house.
No Breach of Repairing Obligation Until Notice and Reasonable Time (Within Demise)
The landlord's obligation in relation to property in the possession of the tenant is not an undertaking to prevent them ever getting out of repair during the continuance of the tenancy; it is an undertaking to do work of repair on the premises from time to time as and when they have become out of repair. Thus the landlord is not liable for breach of covenant as soon as the premises are in fact out of repair. Until the landlord has notice of the disrepair no breach arises; nor does any breach arise thereafter if the landlord then carries out the necessary work of repair with reasonable expedition.
Must Landlord Install Safety Glass?
The tenant was seriously injured when the glass panel in the door gave way. Against her landlord asserting s.4, Defective Premises Act 1972
Measure of Damages for Breach of Repairing Obligations
This article considers case law where damages have been awarded after a landlord failed to do repairs. Withholding rent whilst repairs are carried out Where the tenant does not expend sums on having repairs carried out, he cannot set off the sum which it would have cost against the rent and, contrary to popular belief, he cannot simply stop paying the rent until repairs are carried out [Taylor v Webb (1973) 2 K.B. 283). He may, however, set off a sum equal to the amount of damages to which he is entitled for breach of the landlord's covenant to repair [British Anzani v International Marine (1979) 2 All E.R. 1063 at 1074c).
Have Your Say on Decent Homes Standards
Whoever sits in the housing hot seat for Prime Minister Liz Truss’ new government will bring the decent homes standard to bear on buy-to-let properties in England.
Decent Homes Standard Consultation
The Government proposes introducing a new ‘Decent Homes Standard’ in the private rented sector in England. A consultation has been announced, which sets out the Government’s proposal for the new Standard and seeks views on how they could implement it.
Mortgage Trap for Cladding Crisis Landlords
Thousands of landlords renting out buy-to-let apartments face huge bills to pay for the stripping of unsafe cladding from blocks of flats.
New App Helps Tenants Complain About Landlords
A new online app aims to help private landlords and tenants resolve disputes over repairs but misses the mark.
What to Do if a Neighbour Won’t Fix a Fence
What can landlords do when the neighbours have no boundaries or the fence blows down?
Clearing Ice And Snow – What Landlords Need To Know
if someone trips or falls on a cleared pathway or suffers an injury slipping on uncleared ice and snow outside a privately rented home, who is liable
Homes Fit to Live in - Existing Tenancies From March 2020
A new law for England that makes sure landlords offer tenants homes that are fit to live in is about to kick in
Where Landlord Building Costs Go Through the Roof
Landlords looking for reliable tradesmen have scant pricing and rating information to work from - but a new service hopes to ensure building costs don’t go through the roof.
Tenant Fee Ban Saddles Landlord With Repair Bills
Landlords should not charge tenants a handling fee for arranging repairs - even if the tenant has caused damage to a rental home.
Thousands of Rented Homes Riddled With Faults
According to a survey in 2019, thousands of renters live in homes with health and safety hazards.
New Law Demands Better Living Standards for Tenants
New rules raising the bar for living standards in private rented homes in England come into force from March 20 2019.
Buy to Let Standards Are Still Lacking
Official data in 2018 paints a big picture of a rosy future for buy-to-let, but the small details are letting landlords down.
Homes (Fitness for Human Habitation) Act 2018
The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019.
Knotweed Suffers From Fearsome False Reputation
Landlords should not avoid buying homes with blighted prices because their gardens are infested with the feared Japanese Knotweed.
Cowboy Clients Ruin Business for Builders
Many buy-to-let landlords will be shocked to see that builders consider them cowboy clients.
Who's Right About Buy to Let Repair Gripes?
Official private home rental data from the government seems to paint a different picture of the market from a report released by consumer charity Citizens Advice.
Dishonest Tenants Try to Dodge Paying for Buy to Let Repairs
According to a survey, don’t trust a tenant who damages a rented home to pay for the repairs.
Landlord Was Not Liable For A Slip On A Shared Path
Edwards v Kumarasamy [2016] UKSC 40 landlord held not liable for a trip by a tenant on a shared path
7 Things Landlords Should Do To Get Ready For Winter
Winter’s on the way – and it’s that time of year when landlords' phones are ringing off the hook with tenants reporting failed boilers and heating systems.
ASBO Threat To Landlords Who Fail To Control Weeds
Japanese Knotweed, Giant Hogweed and Himalayan Balsam may sound like exotic plants but they are on a list of invasive weeds that can cost landlords.
Water Authority Section 75 Notice - Leaking Mains Water Pipe
A notice was served under section 75 Water Industry Act 1991, requiring the works to be completed within 14 days.
When Does the Absolute Duty to Repair Apply?
Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013) relates to repairing obligations on commercial premises but it’s worthy of note because it contains general information about duties of repair which will equally apply to residential premises.
Thermal Insulating Boards and Internal Cladding
Fixing thermal laminate boards internally cladded to a cold wall can help eliminate dampness and mould on cold walls whilst improving the thermal efficiency of the wall/building.
Infestation of Rats, Mice and Other Pests
This article looks at the landlord's duty if there's an infestation of rats, mice, wasps, bees, bed bugs, pigeons or other pests.
Door Handle Missing - Landlord and Builder Negligent
Alexander v Freshwater Properties Ltd & Anor [2012] EWCA Civ 1048 is a case where a landlord and building contractor were held jointly liable under the Occupiers Liability Act 1957 for negligence where a tenant suffered a partial amputation of a finger due to a door handle being removed for a number of weeks.
Missing Handrail - Landlord Held Liable for Fall
Hannon v Hillingdon Homes Ltd [2012] EWHC 1437 (QB) is a personal injury claim which arises out of an injury that the claimant suffered when he fell due to a missing handrail whilst carrying out maintenance work to the central heating
Landlord not Liable for Tenant Slipping on Steps
Drysdale v Hedges - The landlord painted steps outside the let building, and the tenant slipped and injured her back. The court held that the landlord was not liable because the steps were not out of repair.
Plaster - Is it Part of Structure?
Whether plaster on a wall is part of the "structure" (and therefore part of the landlord's duty to keep in repair) has been long-running.
Right to Set Off Repairs From Rent Arrears Claim
One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant makes a claim against the landlord for random disrepair issues, often never previously notified to the landlord
Equality Act 2010
This page looks at the Equality Act 2010. In particular, the most common duty under the Act for landlords will be adapting premises for disabled persons.
Drains on Neighbouring Land
Landlords have many problems with blocked drains; the landlord usually has to repair and maintain drains or sewers.
The Access to Neighbouring Land Act 1992
One neighbour often needs to go on to the land of another to repair their property. Accordingly, a legal right allows this under the Access to Neighbouring Land Act 1992.
Prevention of Rats and Mice Notice
Under the Prevention of Damage by Pests Act 1949, if on any land it appears to the local authority that steps should be taken for the destruction of rats or mice or otherwise for keeping the land free from rats and mice, they may serve on the owner or occupier a notice requiring him to take, within such reasonable period as may be specified, such reasonable steps for the purpose aforesaid as may be so specified.
Police Broken Door
A perhaps surprisingly common question we get is what is the position where the police break down a tenant's door? Who should pay?
Tenants Repairing Obligations (Tenant Like Manner)
In a significant case (Warren v. Keen [1953] 3 W.L.R. 702), Denning L.J. explained the definition of “tenant-like manner”:
Landlord Not Liable Until Notice of Defect
O'Brien and Another v. Robinson [1973] 2 W.L.R. 393 House of Lords HL The first appellant was the tenant, and the respondent was the landlord of a dwelling house, to which section 32 of the Housing Act 1961 applied so that there was an implied covenant by the respondent to keep in repair the structure and exterior of the dwelling house.
No Breach of Repairing Obligation Until Notice and Reasonable Time (Within Demise)
The landlord's obligation in relation to property in the possession of the tenant is not an undertaking to prevent them ever getting out of repair during the continuance of the tenancy; it is an undertaking to do work of repair on the premises from time to time as and when they have become out of repair. Thus the landlord is not liable for breach of covenant as soon as the premises are in fact out of repair. Until the landlord has notice of the disrepair no breach arises; nor does any breach arise thereafter if the landlord then carries out the necessary work of repair with reasonable expedition.
Must Landlord Install Safety Glass?
The tenant was seriously injured when the glass panel in the door gave way. Against her landlord asserting s.4, Defective Premises Act 1972
Measure of Damages for Breach of Repairing Obligations
This article considers case law where damages have been awarded after a landlord failed to do repairs. Withholding rent whilst repairs are carried out Where the tenant does not expend sums on having repairs carried out, he cannot set off the sum which it would have cost against the rent and, contrary to popular belief, he cannot simply stop paying the rent until repairs are carried out [Taylor v Webb (1973) 2 K.B. 283). He may, however, set off a sum equal to the amount of damages to which he is entitled for breach of the landlord's covenant to repair [British Anzani v International Marine (1979) 2 All E.R. 1063 at 1074c).
Related Forms
Re-Attending to Carry out Works
This word template is to re-arrange attendance by workers for the repairs or works.
Complaint Appeal Prevention of Damage by Pests Act 1949 Notice
Under Section 4, Damage by Pests Act 1949 a local authority may serve a notice requiring works to rid or prevent an infestation of Rats. Where such a notice seeks "structural works" the recipient of the notice may appeal
Routine Inspection Template
This template document is for a general inspection (including checking for repairs if you like). It suggests giving five days' notice, but you can change this to anything you want (as long as at least 24 hours or whatever your tenancy states).
Notify Tenant Attending to Carry out Works
a landlord should notify the tenant of a time and date when the landlord intends to carry out the works and when workers will be attending.
Re-Attending to Carry out Works
This word template is to re-arrange attendance by workers for the repairs or works.
Complaint Appeal Prevention of Damage by Pests Act 1949 Notice
Under Section 4, Damage by Pests Act 1949 a local authority may serve a notice requiring works to rid or prevent an infestation of Rats. Where such a notice seeks "structural works" the recipient of the notice may appeal
Routine Inspection Template
This template document is for a general inspection (including checking for repairs if you like). It suggests giving five days' notice, but you can change this to anything you want (as long as at least 24 hours or whatever your tenancy states).
Notify Tenant Attending to Carry out Works
a landlord should notify the tenant of a time and date when the landlord intends to carry out the works and when workers will be attending.
Re-Attending to Carry out Works
This word template is to re-arrange attendance by workers for the repairs or works.
Complaint Appeal Prevention of Damage by Pests Act 1949 Notice
Under Section 4, Damage by Pests Act 1949 a local authority may serve a notice requiring works to rid or prevent an infestation of Rats. Where such a notice seeks "structural works" the recipient of the notice may appeal
Routine Inspection Template
This template document is for a general inspection (including checking for repairs if you like). It suggests giving five days' notice, but you can change this to anything you want (as long as at least 24 hours or whatever your tenancy states).