Repairing Obligations Legal Update Tilly Bailey Irvine LLP

Repairing Obligations: Legal Update Tilly Bailey & Irvine LLP Helen Lyne 01740 646029 hwilliamson@tbilaw. co. uk and Gemma Smith 01740 646034 gsmith@tbilaw. co. uk

Introductions Helen Lyne is a solicitor who qualified in 2012. Helen specialises in commercial litigation and has a broad experience of advising both small and large organisations. Contact Helen hlyne@tbilaw. co. uk at: 01740 646029 Gemma Smith is a solicitor who qualified in 2011. Gemma also specialises in commercial litigation and advises in a range of disputes. Contact Gemma gsmith@tbilaw. co. uk at: 01740 646034

Repairing Obligations - Overview � Legal update on Landlord’s repairing obligations � Why? � Landlord and Tenant Act 1985 (“LTA”) � Recent developments � S. 13 LTA- applicability and s. 13(2) LTA- a way around this? � S. 11 LTA- Implies a clause into Tenancy Agreements specifying the repairing obligations of Landlord. � S. 12 LTA- Cannot exclude or modify statutory implied obligations (unless by Court Order/ s. 13(2) LTA).

Repairing Obligations- Overview � Recent Case Law- Edwards v Kumarasamy [2015] EWCA Civ 20 � Breach of repairing obligation � Breach of statutory duty � Breach of express term of tenancy � Common law nuisance/negligence claim � Damages?

Section 11 LTA 1985 � Repairing obligations- Statute � Obligation to keep in repair the structure and exterior of the property. (A "dwelling-house" is not limited to a house, it also includes a flat (section 16, LTA 1985)). � Obligations to keep in repair and proper working order the installations for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences � Obligation to keep in repair and proper working order the installations for space heating and heating water.

Landlord and Tenant Act 1985 � If the lease is of a dwelling-house that forms only part of a building, then the landlord's obligation to repair applies to the parts of the building in which the landlord has an estate or interest (section 11(1 A), LTA). � S 11(2) LTA- Exceptions to repair duties where Landlord not responsible � S 11(3) LTA- Standard of Repair required � S 8 and s 10 LTA- Fit for Human Habitation? � Previous understanding: “Landlords are not liable to keep in repair external areas such as gardens, communal halls and pathways”, (ie outside of the demise of the property let to the tenant) and � Landlords are not liable until they have been notified of any repair issues by the tenant”. �

Edwards v Kumarasamy [2015] EWCA Civ 20 � Was an intermediate Landlord in breach of the statutory covenant to keep the structure and exterior of the property in repair pursuant to s 11 LTA 1985? � K sublet his second floor flat to E under an AST. � E tripped on an uneven paving slab when taking out the rubbish to the communal bins. � Under the Lease the freeholder was responsible for keeping the communal areas in good condition, subject to being given notice of the defect.

Edwards v Kumarasamy [2015] EWCA Civ 20 cont. � Neither the Landlord or the freeholder received notice of the defect. � The Court of Appeal held that the intermediate Landlord (K) was still in breach of his implied statutory obligation to repair under s 11 LTA 1985 even though he had received no notice of the uneven paving. � K had a legal easement (right of way) over the pathway which formed part of the exterior to the front hall in which he had an estate/interest. As such the implied repairing covenant applied.

Practical Implications � Property inspections vs. Quiet Enjoyment. � Repair Promptly. � Impossible obligation. � Concern to buy to let Landlords-may unexpectedly find yourself liable for repairs to communal areas, even though a head Landlord is responsible for their upkeep and you have no notice of any defect. � Cant exclude or modify implied statutory covenants. � Insurance. � Inventory.

New Measures- 13 March 2015 � Renting a safe home- A guide for tenants- published March 2015 � Guide for tenants when renting their home/ signs of a ‘poorly’ managed properly � Said to flush out the small majority of rogue landlords, but more ‘red tape’? � Examples include: testing windows and doors lock correctly, recognising health hazards such as damp and mould. � Building an effective case in court. � Recent � How guides to ‘empower’ tenants: to Rent Guide � Publishing a model tenancy agreement

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