LL legal obligations on repairs

sharpee

If a property is rented out with a shower over the bath that subsequently breaks, does a LL legally have to repair it? So the bath is still in use just not the shower.

I know there are moral issues but I was wondering what the legal stance is

jjlandlord

Section 11 of Landlord and Tenant Act 1985:

11 Repairing obligations in short leases.E+W

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

So imo, repairing the shower falls within the landlord's duties.

jjlandlord

Well section 11 above is clear enough that all installations should be repaired and in proper working order: 'basins', 'sinks', 'baths', etc.

So I don't see why still having one working bath would result in any release from duty to repair the other baths or showers of the property.
(unless there is a case law)

sharpee

So if the bath is still in use and has hot water then the LL meets their obligations? That how I read it . . .

jjlandlord

How I personally see it (not a lawyer):
First, I think reasonable to interpret that a shower is included in "baths and sanitary conveniences".
Then, either the shower is part of the bath, or it is separated.
In the former case, if the shower is broken then the 'bath' is not in proper working order and must be repaired by the landlord.
In the latter case, while the bath is in proper working order, the shower is not and must also be repaired by the landlord (since plural in used in s.11).

I'm not sure someone will go all the way to court to settle the matter, though...

propertyman

While section 11 sets out the duties, they can be discharged by providing services adequate to meet them. Not repairing the shower is therefore not an obligation as there is as said still a bath,

That said there is a contractual obligation as the property was offered with a shower over bath, and therefore the tenancy will require them to repair what was there. He can however withdraw the service or amenity , if he still meets his statutory obligation, although your damages and compensation for doing so are going to be minimal.

You could take an aggressive stance and threaten to carry out the repair and deduct it from the rent as set off, or start the ADR pre action disrepair protocol.

That might lead to a repair ad a big argument, and "good luck" with a reference in due course!


What do you mean by broken?

princeofpounds

Forget the legalese for once guys.

Yes it's the landlord's responsibility. It's a broken shower. Like a tap, a toilet. Clearly a sanitary convenience.

propertyman

princeofpounds wrote: »

Forget the legalese for once guys.

Yes it's the landlord's responsibility. It's a broken shower. Like a tap, a toilet. Clearly a sanitary convenience.

It's an easy answer and one most decent landlords would accept.

But this landlord won't , and the law is, in most cases, with him- they have working bath. The law sets out an obligation, not a standard or scope, and further down section 11 sais so.

If straightforward terms are preferred,

"it's what you promised us and rented to us, a home with a shower-fix it. You !"£%$£# " :mad:

jjlandlord

princeofpounds wrote: »

Forget the legalese for once guys.

Yes it's the landlord's responsibility. It's a broken shower. Like a tap, a toilet. Clearly a sanitary convenience.

Sharpee asked what was the legal position on a specific issue.

It's not possible to reply without quoting the relevant law and its interpretation. Especially since Sharpee did not seem convinced.

"clearly yes" without supporting reference is just Joe Sixpack's opinion (in my opinion )

propertyman wrote: »

While section 11 sets out the duties, they can be discharged by providing services adequate to meet them. Not repairing the shower is therefore not an obligation as there is as said still a bath

Well, s.11 says that shower should be repaired (imo as above). What authoritative reference says that this obligation can "discharged"? (that's what we're after here and I'm interested as well in having the actual legal position!)

If there is no statutory obligation to repair then, as I understand it, by common law a contractual obligation would arise only if explicit in the contract.

sharpee

Ok so I am the LL. My LA told me as long as the tenants had use of the bath, there wasn't much rush to fix the shower. I only asked the question as I was at work and didn't have my Landlords Guide Book thingy with me.

My LA rang me late last Wednesday to say the tenants had reported that the shower had no hot water. I had a plumber round the next day and he told me it was the shower pump which I asked him to replace, and I thought was being done on Saturday.

Fast forward to this afternoon when LA rang to say that the plumber is at the property at the moment and struggling.

Just spoke to the plumber and it turns out that the tenants have NO hot water!!!! :eek:No-one told me this, all that was reported to me is that there was no hot water to the shower. I feel quite bad as its been a week now.

Plumber still can't work out why and is running out of options. But by the sounds of it it is the hot water tank.

I'm not a terrible LL I do intend to fix the shower, I had the plumber out within 24 hours. And I thought the new shower pump was being fitted within 48 hours.

I'm just a bit stuck now as to what to advise the plumber to do. Whatever it is he can't get back to the property till Monday as he is fully booked till then:(

The joys of being a LL.

On the up side he did mention how nice the tenants were keeping the house and how it made a difference to some of the dives he normals visits:)

dimbo61

So you want to keep nice tenants !
Why not fit an electric shower above the bath then the tenants can at least have a wash in warm water.