REPAIRS IN STATUTORY CONTEXT

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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

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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

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1. CONTRACT

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

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2. COMMON LAW

• HABITABILITY AND TENANTABILITY
• WIND WATERTIGHT narrower version
• WOLFSON v FORRESTER 1910 SC 675
• GUNN v NCB 1982 SLT 526 rising damp

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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

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• 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

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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 Council 1982
  SLT 70

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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

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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

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6. STATUTORY REPAIR or IMPROVEMENT NOTICES

• CRITERIA FOR SERVICE OF NOTICES
• RIGHTS OF TENANTS UNDER LEASES
• TENANT HAS NO LOCUS STANDI HERE

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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

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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