Repairs
Hopkins, P.
Repairs - 2004 - Letting Update Journal 12(2) July 2004, 23-24(2) .
Explains, in an article aimed at students, the landlord's and tenant's responsibilities in respect of carrying out repairs to a property. The principle source of the landlord's responsibilities is statutory, in particular the Landlord and Tenant Act 1985 s11, whereas the tenant's responsibilities are set out by common law, "Warren v Keen" ([1954] 1 QB 15) defining the parties' respective obligations. The recent establishment of the Pre-Action Protocol for Housing Disrepair Cases has formalised the way in which repair cases are handled by the courts with high amounts being recovered in certain 2003 cases. Whilst there is now some certainty regarding each party's responsibilities, there still remains a number of grey areas, which can lead to disputes.
PRE-ACTION PROTOCOL FOR HOUSING DISREPAIR CASES
LANDLORD AND TENANT ACT 1985 S11
HOUSING ACT 1988 S16
DEFECTIVE PREMISES ACT 1972
RENT ACT 1977
MCAULEY V BRISTOL CITY COUNCIL
IRVIN V MORAN
WARREN V KEEN
Repairs - 2004 - Letting Update Journal 12(2) July 2004, 23-24(2) .
Explains, in an article aimed at students, the landlord's and tenant's responsibilities in respect of carrying out repairs to a property. The principle source of the landlord's responsibilities is statutory, in particular the Landlord and Tenant Act 1985 s11, whereas the tenant's responsibilities are set out by common law, "Warren v Keen" ([1954] 1 QB 15) defining the parties' respective obligations. The recent establishment of the Pre-Action Protocol for Housing Disrepair Cases has formalised the way in which repair cases are handled by the courts with high amounts being recovered in certain 2003 cases. Whilst there is now some certainty regarding each party's responsibilities, there still remains a number of grey areas, which can lead to disputes.
PRE-ACTION PROTOCOL FOR HOUSING DISREPAIR CASES
LANDLORD AND TENANT ACT 1985 S11
HOUSING ACT 1988 S16
DEFECTIVE PREMISES ACT 1972
RENT ACT 1977
MCAULEY V BRISTOL CITY COUNCIL
IRVIN V MORAN
WARREN V KEEN