Housing Disrepair Reports
Part 35 Compliant Report
Fully Regulated by RICS, reports undertaken by MRICS & FRICS surveyors
Expedited appointments available within 24 hours
Photographs and Scott schedule included as standard
Desktop surveys available, ideal for assessing viability of a claim
As the England’s rented housing stock ages and with the introduction of new legislation there has been a large increase in claims.
In 2016, a fifth of dwellings across all tenures failed to meet the Decent Homes Standard. Over a third (36%), of UK homes built before 1919 were found to be non-decent and would cost on average £9,991 to bring up to the standard.
Section 11 Landlord and Tenant Act 1985
S11 of the Landlord and Tenant Act 1985 implies a duty on the landlord to carry out certain repairs.
- To keep in repair the structure and exterior including drains, gutter and external pipes.
- To keep in repair and proper working order installations for the supply of Water, Gas, Electricity and Sanitation, including basins, sinks baths and sanitary conveniences [toilets] but not other fixtures, fittings and appliances for making use of the supply of water gas or electricity
- To keep in repair and proper working order installations for space heating and heating water.
This obligation cannot be overridden by terms in the tenancy agreement.
Where there is a legal obligation to do repairs under S11, the costs will include making good internal decorations, and any consequential damage through fixing the problem.
In Grand v Gill  s 11 of the Landlord and Tenant Act 1985, “the structure” of a residential premises was deemed to included internal plasterwork.
Homes Fitness for Human Habitation Act
Prior to the Homes (Fitness for Human Habitation) Act 2018, there was no statutory implied term for which a property should be fit for human habitation that was of practical use in landlord and tenant law.
On March 20th 2019, the Fitness for Human Habitation Act came in to force for tenancies in England. This legislation amended Section 10 and Section 9A of the Landlord and Tenant Act 1985 so that landlords must ensure their property is fit for human habitation from the outset and throughout the tenancy.
Just because the house suffers from defects in the areas listed, this does not necessarily render it unfit for human habitation, consideration would need to be given to the type and seriousness of defect.
In determining whether the house is fit for human habitation consideration Torus Surveyors will need to consider the following:
Freedom from damp
Drainage and sanitary conveniences
Facilities for preparation and cooking of food and for the disposal of waste water
Hazards under the Housing Health Safety Rating System
Section 4 Defective Premises Act 1972
This piece of legislation does not specifically oblige a landlord to carry out a repair, the Act places on the landlord a duty of care to prevent personal injury or , damage to property where there is a relevant defect. This relates to anyone, not just tenants but other household members, family, friends and visitors.
Whether you are a solicitor requiring a Part 35 compliant report due to disrepair of one of your client’s properties, or a housing association or private landlord and you have received a “Letter of Claim” from your tenant, we can help.
The Pre-Action Protocol for Housing Conditions Claims (England) encourages parties to appoint experts where possible a single joint expert, potentially with separate instructions. Torus Surveyors can undertake this role.
As is common, in practice however, where it is not possible to reach agreement to instruct a single joint expert, even with separate instructions, the parties should attempt to arrange a joint inspection, meaning an inspection by different experts instructed by each party to take place at the same time. Torus Surveyors can liaise with both tenants and other experts to arrange a suitable time for this inspection.