Refresh 25/8/05. Policy. CBC/CM/PolicyFile/2005 1
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1 Policy CBC/CM/PolicyFile/2005 1
2 POLICY STATEMENT LANDLORD REPAIRING OBLIGATIONS under the RIGHT to BUY The housing service operate 2 kinds of repairing obligations to tenants:- 1. Those set out in the contract itself (eg CBC, the Tenancy Agreement) 2. Those imported into it by statute and case law. Contract Currently Corby Borough Council repair responsibilities consist of those as highlighted in Appendix A. Items are repaired/renewed on a fair wear and tear principle. Tenants current repair responsibilities are highlighted in Appendix B and includes damage to any of the Local Authorities repairing obligations if they have not acted in a tenant-like manner. Tenant like manner means to use the premises in a proper manner and to refrain from acts which would amount to a breach of that duty. The scope of the obligation is described in case law as the little jobs about the place which a reasonable tenant would do (Warren V Kerr 1954). Section 11 (LTA 1985) does not require the landlord to carry out works for which the tenant would be liable under the latter s duty to use the premises in a tenant-like manner. Statute Section 11 of the Landlords and Tenants Act 1985 (LTA 1985) is the main piece of legislation governing Social Landlords repairing obligations. This imposes repairing obligations on a Landlord whether they are set out in the tenancy agreement or not. It indicates that the Landlord will:- * keep the structure and exterior (which includes drains, gutters and external pipes) of the dwelling house in repair Section 11(1)(a) * keep the installations for the supply of water, gas, electricity and sanitation in the dwelling house in repair and proper working order Section 11(1)(b) * keep the installations in the dwelling house for space heating and heating water in repair and proper working order Section 11(1)(c) The obligation under Section 11(1)(a) is to keep the structure and exterior in repair and liability does not arise until the Landlord has notice of the disrepair (O Brien v Robinson 1973). The term structure has been interpreted by the courts to mean the elements of the overall dwelling house which gives it its essential appearance, stability and shape a particular element must be a material or significant element in the overall construction (Irvine v Moran 1990). Structure includes walls (outside walls and inner party walls), roofs, windows (including frames), ceilings and so on. It does not include internal wall plaster or decorations but these will sometimes be affected by other disrepair (e.g. where damaged by penetrating damp) The term exterior means the outside or external parts of a dwelling but will not include external paving. However, external steps and a path leading up to a house may be included if they are the only means of access to the house (Brown v Liverpool Corporation 1969). Each case will be looked at on its own facts. If there is any dispute the Court will decide in all the circumstances of the item, sought to be included by the tenant as part of the exterior or structure, forms an essential part of the building. CBC/CM/PolicyFile/2005 2
3 Statutory and contractual obligations set out in Section 11 (LTA 1985) and all tenancy agreements govern the nature of a Councils repairing obligations throughout the length of the tenancy. Likewise the legal contract between the Landlord and the Tenant, in the form of a tenancy agreement, exists between both parties until eventual completion so any streamlining of repairs work during the Right to Buy process is both technically and legally questionable. When a Right to Buy application is made and the process commences the Council therefore retains a duty for all repairing obligations until completion date & we recognise that we must provide a full repairing service as outlined in Appendix A&B for all tenants. Appendix A Corby Borough Council Repairing Obligations The main structure and exterior of the dwelling, including Roof Walls Drains and guttering Window frames Chimneys Doors and frames Internal walls and ceilings External doors and frames Skirting Stairs Fences and Gates Paths and Steps Walls Outbuildings and Garages belonging to the Council also services including Water pipes, cylinders and tanks Gas pipes WCs, Baths, Cisterns, Basins and sinks Kitchen fitments Electrical installations Heating systems, boilers, pumps, radiators and thermostats Communal areas of flats and maisonettes. CBC/CM/PolicyFile/2005 3
4 Appendix B Current Tenants Repairing Obligations Repair items, which are the responsibility of a tenant, include Damage caused by members of your family or visitors to your home electrical fuses smoke alarm batteries draft excluder curtain rails and pelmets plugs to appliances internal door furniture external door bolts broken or lost keys (rechargeable in certain circumstances) gate catches and bolts coat hooks internal decoration hearth tiles solid fuel pokers and ashpans gully grids gaining entry (rechargeable in certain circumstances) internal window sills unless caused by rot, penetrating damp or woodworm threshold strips loose skirting and picture rails minor plaster cracks and holes loose floor covering and carpet We recognise that tenants may belong to groups with diverse needs, beliefs, cultures and could be subject to inequalities and prejudice. We will respect and take account of all differences when making reasoned decisions. We will strive to achieve equality and opportunity in all that we do whilst promoting positive actions by officers to overcome disadvantage and discrimination. This policy has considered published best practice guidelines issued by the Chartered Institute of Housing and is compliant with current legislation. CBC/CM/PolicyFile/2005 4
5 KEY PRINCIPLES The key principles of the Repairing Obligations under the Right to Buy Legislation are:- Aims and Objective 1. To ensure Corby Borough Council comply with its statutory obligations. 2. Provide a full repairing service to all tenants until the point of sale for those with an active Right to Buy Application. Preventative 3. We recognises the primary importance of keeping our properties in a good state of repair. 4. We will ensure that all tenants receive a full repair service to keep housing standards high and housing conditions from deteriorating. 5. We will act quickly when repairs are identified. Procedures & Practices 6. We will document all actions and conversations. 7. We will monitor compliance with the our repairs policies and procedures. 8. We will keep abreast of best practice adapting and refining our internal procedures and practices to ensure continuous improvement & legislative compliance. 9. We will involve tenants in the decision making process to ensure openness and participation in the decisions made involving their tenancies. Performance and Standards 10. We will monitor performance regularly to help drive up standards and improve how we work. 11. We will create procedures and training programmes that ensure our practices comply with the key principles of this policy which suitably skilled staff can work to effectively. Legislative Requirements 12. We will at all times meet legislative requirements and in particular relate our actions to The Housing Act 1985 Secure Tenancy Administration. The Housing Act 1996 Introductory Tenancy Administration The Housing Act 1985 as amended 2002 with regard to Homelessness The Human Rights Act 1998 The Race Relations (amendment) Act 2000 The Disability Discrimination Act 1995 The Sex Discrimination Act 1975 CBC/CM/PolicyFile/2005 5
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