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REPAIRS IN STATUTORY CONTEXT

REPAIRS IN STATUTORY CONTEXT. A. INTERPRETATION FROM PREVIOUS COMMON LAW & STATUTES B. POSSIBLE PROBLEMS FROM THE TENEMENTS (Scotland) ACT 2004 C. THE HOUSING (Scotland) ACT 2006 - CHANGED ROLE OF THE “RENT ASSESSMENT COMMITTEE”. A. REPAIRS AND THE RIGHTS OF TENANTS. CONTRACT COMMON LAW

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REPAIRS IN STATUTORY CONTEXT

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  1. REPAIRS IN STATUTORY CONTEXT • A. INTERPRETATION FROM PREVIOUS COMMON LAW & STATUTES • B. POSSIBLE PROBLEMS FROM THE TENEMENTS (Scotland) ACT 2004 • C. THE HOUSING (Scotland) ACT 2006 - CHANGED ROLE OF THE “RENT ASSESSMENT COMMITTEE”

  2. A. REPAIRS AND THE RIGHTS OF TENANTS • CONTRACT • COMMON LAW • STATUTORY STANDARDS • STATUTORY IMPLIED TERMS • NUISANCE • STATUTORY REPAIR & IMPROVEMENT NOTICES • ALL CO-EXISTED • ALL HAD INTERPRETATION ISSUES • NOW PRINCIPALLY IN 2006 STATUTE • NEW ROLE OF prhp

  3. 1. CONTRACT • TERMS OF CONTRACT • WORTH CHECKING SINCE 1989 • CROSS POLLINATION FROM SOCIAL RENTED & LOCAL AUTHORITY SECTOR LEASES • POSSIBLE INTERPRETATION ISSUES

  4. 2. COMMON LAW • HABITABILITY AND TENANTABILITY • WIND & WATERTIGHT [ narrower version] • WOLFSON v FORRESTER 1910 SC 675 • GUNN v NCB 1982 SLT 526 – rising damp

  5. 3. FITNESS OF HUMAN HABITATION • THERE SHALL…. BE IMPLIED A CONDITION THAT THE HOUSE IS AT THE COMMENCEMENT OF THE TENANCY, AND AN UNDERTAKING THAT THE HOUSE WILL BE KEPT BY THE LANDLORD DURING THE TENANCY, IN ALL RESPECTS REASONABLY FIT FOR HUMAN HABITATION

  6. IN DETERMINING IF A HOUSE IS FIT FOR HUMAN HABITATION REGARD IS TO BE HAD TO THE EXTENT TO WHICH THE HOUSE FALLS SHORT OF THE PROVISIONS OF ANY BUILDING REGULATIONS IN FORCE AS REGARDS DISREPAIR OR SANITARY DEFECTS IN THE HOUSE

  7. INTERPRETATION • Morgan v Liverpool Corporation [1927] 2 KB 131 • Summers v Salford Corporation [1943] AC 283 • McCarrick v Liverpool Corporation [1947] AC 219 • Haggarty v Glasgow Corporation 1964 SLT (Notes) 54 • Hughes’ Tutrix v Glasgow District Council1982 SLT 70

  8. 4. STATUTORY IMPLIED REPAIR OBLIGATIONS • THERE SHALL BE IMPLIED A PROVISION THAT THE LANDLORD WILL • KEEP IN REPAIR THE STRUCTURE AND EXTERIOR OF THE HOUSE (INCLUDING DRAINS, GUTTERS AND EXTERNAL PIPES) • KEEP IN REPAIR AND PROPER WORKING ORDER THE INSTALLATIONS IN THE HOUSE

  9. 5. NUISANCE • AVAILABILITY ON APPLICATION BY TENANT • THREAT TO HEALTH • PROBLEM OF RELATIONSHIP BETWEEN ENVIRONMEHTAL HEALTH DEPARTMENT AND HOUSING DEPARTMENT NOT A PROBLEM IN PRIVATE SECTOR

  10. 6. STATUTORY REPAIR or IMPROVEMENT NOTICES • CRITERIA FOR SERVICE OF NOTICES • RIGHTS OF TENANTS UNDER LEASES • TENANT HAS NO LOCUS STANDI HERE

  11. 7. PREVIOUS PROBLEMS • A. CHOOSING BETWEEN ALTERNATIVES • LOCAL AUTHORITY SOLUTION • SEPARATE DAMAGES ACTION • B. WHAT THE TENANT MUST DO VIS-A- VIS USING HEATING PROVIDED • C. THE AMOUNT THE TENANT MUST SPEND

  12. B. TENEMENTS (Scotland) ACT 2004 • PROBLEMS OF LANDLORDS WHERE THE REPAIRING STANDARD IS NOT MET FOR A TENANT • THE MAJORITY ARE UNWILLING TO UNDERTAKE A REPAIR • WHETHER THE TITLE DEEDS OR THE STATUTE GOVERNS THEN THERE IS A PROBLEM FOR THE WILLING MINORITY LANDLORD WHO FAILS TO MEET THE REPAIRING STANDARD

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