H&F has implied maintenance duties under Section 11 of the Landlord and Tenant Act 1985 and under the Homes (Fitness for Human Habitation) Act 2018. These place the council under a duty to maintain properties to a required standard allowing the tenant to exercise quiet enjoyment of their property.
Council's (landlord's) responsibilities
Under Section 11, H&F is responsible for the exterior, the structure and all major interior repairs in tenanted properties. This is a non-delegable duty, although the carrying out of the duty can be delegated to another body, person or organisation.
Section 11 requires H&F to:
- keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes)
- keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for the sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures and fittings and appliances for making use of the supply of water, gas or electricity)
- keep in repair and proper working order the installations in the dwelling house for space heating and heating water
Under section 4 of the Defective Premises Act 1972, H&F has a duty to take such care as is reasonable in all the circumstances to see that persons owed a duty (i.e. tenants, members of their household, and or their visitors) are reasonably safe from personal injury or property damage caused by a defect that H&F is bound to repair or maintain.
The Homes (Fitness for Human Habitation) Act 2018 further clarifies H&F's repairs responsibilities by noting that a property will be unfit for habitation if there are serious defects in any of the following:
- Repair
- Stability
- Freedom from damp
- Internal arrangement
- Natural lighting
- Ventilation
- Water supply
- Drainage and sanitary conveniences; and
- Facilities for preparation and cooking of food and for the disposal of waste water