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.
What is the limitation period for a housing disrepair claim?
Disrepair as a breach of the tenancy contract has a 6-year limitation period from breach - i.e. the period during which the landlord failed to act after notice. Personal injury arising from disrepair has a 3-year limitation period from injury or knowledge. Issue within 6 years to recover damages for the whole disrepair period.
How are damages assessed in a housing disrepair claim?
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.
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