Prepare to repair
Prepare to repair
- 2001
- Estate Agency News (171) September 2001, 16(1) .
Discusses residential landlords' repairing obligations. Warns that in the absence of any express agreement landlords can no longer say they are not responsible for short let (i.e. less than seven year) residential property repairs. The landlord has a duty of care for those repairing obligations that are expressed or implied in the lease. Discusses what is meant by "repair". Explains there must be some disrepair before the obligation to repair arises. The party under the obligation must also have notice to repair. Looks at relevant case law. Advises letting agents to ensure their agreements contain a clause allowing the landlord to enter the premises for the purpose of viewing their condition and state of repair. Notes that a proper inspection should avoid any suggestion the landlord had knowledge of a defect.
RESIDENTIAL PROPERTY
LANDLORDS
OBLIGATION TO REPAIR
LANDLORD AND TENANT ACT 1985
DEFECTIVE PREMISES ACT 1972
QUICK V TAFF ELY BC
STAVES V LEEDS CC 1992
WAINWRIGHT V LEEDS CITY COUNCIL
BRITISH TELECOMMUNICATIONS PLC V SUN LIFE ASSURANCE SOCIETY PLC
SYKES V HARRY
O'BRIEN V ROBINSON
Discusses residential landlords' repairing obligations. Warns that in the absence of any express agreement landlords can no longer say they are not responsible for short let (i.e. less than seven year) residential property repairs. The landlord has a duty of care for those repairing obligations that are expressed or implied in the lease. Discusses what is meant by "repair". Explains there must be some disrepair before the obligation to repair arises. The party under the obligation must also have notice to repair. Looks at relevant case law. Advises letting agents to ensure their agreements contain a clause allowing the landlord to enter the premises for the purpose of viewing their condition and state of repair. Notes that a proper inspection should avoid any suggestion the landlord had knowledge of a defect.
RESIDENTIAL PROPERTY
LANDLORDS
OBLIGATION TO REPAIR
LANDLORD AND TENANT ACT 1985
DEFECTIVE PREMISES ACT 1972
QUICK V TAFF ELY BC
STAVES V LEEDS CC 1992
WAINWRIGHT V LEEDS CITY COUNCIL
BRITISH TELECOMMUNICATIONS PLC V SUN LIFE ASSURANCE SOCIETY PLC
SYKES V HARRY
O'BRIEN V ROBINSON