LANDLORD'S OBLIGATIONS: THE REPAIRING STANDARD

Litigation

Chapter 4 of the 2006 Act expands upon landlords’ pre-existing duty to ensure that their properties are at least wind and watertight and fit for human habitation.  Landlords are under a statutory duty to ensure that their properties meet the necessary standard of repair at the start of the tenancy, and at all times during the period of the tenancy.  This means that Landlords must carry out a pre-tenancy inspection, and that thereafter Landlords must act upon their tenants’ notification that a repair is required.  Their failure to do so may result in a referral, by the tenant, to the Private Rented Housing Committee which has the ultimate power to reduce the amount of rent to be paid by the tenant.   Alternatively, if the Landlord has raised, or is considering raising, court proceedings against the tenant for recovery of rent arrears or for recovery of the property based on non payment of rent, then the Landlord might be faced with a competent defence to the action if the necessary standard of repair has not been adhered to.  A court may ultimately decide that rent is not due in these circumstances. 

A property meets the necessary standard of repair if it is wind and watertight and reasonably fit for human habitation, bearing in mind the age, character, prospective life and location of the property.  The necessary standard of repair now includes the requirement for the following to be in a reasonable state of repair and in proper working order:- the structure and exterior of the house, including drains, gutters and external pipes; the installations for the supply of water, gas, electricity, sanitation, space heating and water heating; any fixtures, fittings, appliances, and furnishings provided by the Landlord under the tenancy; satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.

In short, if Landlords wish to minimise the opportunity for loss of rental income, they must ensure that they conduct a pre-tenancy inspection and thereafter meet their obligation to repair at all times throughout the tenancy.  Landlords should ensure that they have systems in place for receiving and responding to contact from their tenants, and a paper trail should be maintained. 

Given the potential pitfalls, it is always helpful to obtain appropriate advice in times of doubt.   If you would like any further information or advice in relation to a Landlord and Tenant matter, please do not hesitate to contact us.