Quantum is usually a combination of: specific performance or an order for works; general damages for distress, inconvenience and loss of enjoyment (often expressed as a global figure or a percentage of rent for the notice-to-repair window); special damages for damaged belongings, redecoration and alternative accommodation; and personal injury damages pleaded under s.4 Defective Premises Act 1972 where relevant.
When does a landlord become liable for disrepair?
For defects inside the demised premises, the landlord is liable from the point it has notice (actual or constructive) and a reasonable time to carry out works has passed. For defects to the structure or exterior outside the demise, liability can arise without notice. Dating and proving notice is therefore central to almost every HDR witness statement.
What does section 11 of the Landlord and Tenant Act 1985 cover?
Section 11 implies a repairing covenant into most tenancies of under 7 years. The landlord must keep in repair the structure and exterior of the dwelling and keep in repair and proper working order the installations for water, gas, electricity, sanitation, space heating and water heating. Liability for defects inside the demise generally only arises once the landlord has notice and has had a reasonable time to repair.
How does the Homes (Fitness for Human Habitation) Act 2018 differ from s.11?
The 2018 Act inserted ss.9A–9C into the Landlord and Tenant Act 1985. It implies a term that the dwelling is fit for human habitation at the start of and throughout the tenancy. It is wider than s.11 because it does not require physical disrepair - a Category 1 HHSRS hazard such as serious damp and mould can render a property unfit even where the structure itself is intact.
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