Rent Act 1977- what are L's repairing obligations?

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    #1

    Rent Act 1977- what are L's repairing obligations?

    Good Morning,

    I hope someone can point me in the right direction.

    I have a tenant under the 1977 Rent Act with no written tenancy agreement. The cottage is in need of some repairs due to damp (I'm hoping repointing round the chimney will solve this) and I assume this is my responsibility as it's a structural thing.

    My problem is that I've read the rent act and I can't find anywhere what the LL's repairing obligations are. At the moment, I'm assuming structural, the outside, working sanitary repair and things like that are my problem, while internal decorations and minor bits like tightening a loose door handle would be the tenant - but I would really like to see this written down somewhere.

    Any thoughts welcome.
    Who me?
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    #2
    I'm much less familiar with the 1977 Act than with the 1988 Act, but here goes.
    1. L has right of access to carry-out repairs if entitled to execute them [s.3(2) of 1977 Act for statutory tenancy; s.148 for protected tenancy].
    2. For a very low rent tenancy, L has obligations arising from implied terms as to fitness for human habitation [s.8 of LTA 1985].
    3. L also has the usual statutory obligations [s.11 of LTA 1985].

    I cannot see any 1977 Act implied terms placing obligations on L. Common-law rules enunciated by case reports may assist T, however,
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment

      #3
      Thanks for such a quick reply Jeffrey.

      I have looked up the relevant act and s.11 is very helpful. However, there is this

      s.13 Leases to which s. 11 applies: general rule.(1)Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.

      Since there is no written tenancy agreement and I can't find anything different for repairs of a house let for more than 7 years would I be safe in assuming s.11 applies?
      Who me?

      Comment

        #4
        The house was not let for a term > 7yrs., was it?
        Did the letting begin after 1961?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

          #5
          The tenant moved in sometime prior to 1988, unfortunately I don't know when but probably after 1961.

          There is no tenancy agreement, so it wasn't let for more than seven years, but has run on longer than that.
          Who me?

          Comment

            #6
            OK- so at least assume that s.11 of LTA 1985 applies.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

              #7
              Thank you for your help
              Who me?

              Comment

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