Housing Management: Disrepair
Disrepair occurs when there is a breach of a repairing covenant that a landlord has notice of and which they fail to remedy within a reasonable period of time.
Repairing covenants occur in all tenancy agreements, and at the very minimum tenants will have the benefit of s.11 Landlord and Tenant Act 1985. In some cases there will be an express term going beyond the statutory minimum.
How we can help
We assist local authority and housing association clients, with representation for defending claims brought by tenants in both county and magistrates' courts, under Section 11 of the Landlord & Tenants Act 1985, and the Environmental Protection Act 1990.
We deal with each case on its own merits and will advise within a reasonable time further to receipt of instructions on the strengths and weaknesses of defending a disrepair claim.
Our expertise also extends to drafting the defence and counterclaim (if required), instructing single joint experts, opposing applications for specific performance, and negotiating early settlement agreements.
- strike out of disrepair counterclaim and costs awarded to a housing association
- damages reduced from £14,000 to £5,000 after successfully offsetting rent arrears and beating the proposed settlement figure offered by a tenant at trial