Disrepair- Who is responsible
The general rule on disrepair is that it usually falls under the responsibilities of the landlord and is listed on the tenancy agreement. The confusion between disrepair and wear and tear (improvement) can cause a lot of misunderstanding between landlords/letting agents and tenants.
Section 11 of the Landlord and Tenant Act 1985 states that the landlord has the statutory duty to keep in good repair the structure and exterior of the dwelling as well as the gas, heating installation, water and electrical services.
Under Section 11 (1) of the Landlord and Tenant Act 1985 the leaser shall keep in good repair the following areas of the property:
The structure and exterior of the dwelling property and this includes interior and exterior pipes, gutters and drains of the property being leased.
All installations in the dwelling property for the use and supply of gas, electricity and water.
All sanitary equipment such as sinks, baths and other additional sanitary features such as fixtures used to facilitate the consumption of water, electricity and gas which were available in the dwelling property at the beginning of the lease.
The installation of space heating in the dwelling property that has been leased.
When evaluating and analysing the standard of repair, the leaser (landlord/letting agents) should consider the character, age and prospective life of the dwelling property as well as its location.
Disrepair
The legal meaning of disrepair: There is damage in the property that needs to be put right.
The repair undertaken to the damaged area or object should put in proper working order.
Examples of disrepair:
Damp/mould caused by exterior and interior structural defects.
Broken extractor fans.
Leaking/broken gutters.
Non-functioning hot water/gas and heating.
Leaks through ceiling/roof.
Leaking toilets/basins.
