The online resource for UK Property Law

Disrepair Claims

There are five pages in this section, dealing with some cases on liability, damages and costs – see contents on the left.

Pre-action protocol

Pre-action Protocol for Housing Conditions Cases Housing disrepair claims are governed by a specific Pre-Action Protocol, which must be considered in every case.

Flexible tenancies

Fixed term Determination before expiry of term - no forfeiture clause Croydon London Borough Council v Kalonga (2020) EWHC 1353 (QB) Summary A landlord under a fixed-term flexible tenancy did not have a right to determine the tenancy prior to the expiry of the fixed...

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Notice of disrepair – s11

Section 11 of 1985 Act Landlord-s obligation - structure - notice Edwards v Kumarasamy [2016] UKSC 40 Summary The Supreme Court held that a path leading from a car park to the entrance door of a front hall to a building was not part of the -structure and exterior of...

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Damages for disrepair

This page explains the principles to be applied when calculating damages in a housing disrepair case. Introduction How much should the tenant received in damages? How long is a piece of string? It is often very difficult to form a precise view. Every case will turn...

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Liability of landlord

Topics dealt with on this page include: Common parts - Southwark LBC v Long Compromise of earlier possession claim - not an abuse of process to bring disrepair claim - Henley v Bloom Condensation and damp - Lee v Leeds; Southwark LBC v McIntosh Installations -...

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Costs in disrepair cases

Small claims track or fast track costs Effect of protocol Birmingham City Council v Lee [2008] EWCA Civ 891 Summary This is an important case on costs. The tenant used the Pre-action Protocol for Housing Disrepair Cases. The works were done before litigation and the...

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Defective Premises Act

Defective Premises Act 1972 Section 4 of the 1972 Act: (1) Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to...

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