Renting Homes: The Final Report - Law Commission

(4) The landlord complies with the repairing obligations if they carry out the
necessary works or repairs within a reasonable time after the day on
which they become aware that the works or repairs are necessary. 12
Limits
8.10 Notwithstanding their generality, these rules are subject to a number of
limitations.
(1) There is no liability if a category 1 hazard is incapable of removal by the
landlord at reasonable expense. 13
(2) The landlord is not required to rebuild or reinstate premises or any part of
them where destruction or damage is caused by fire, storm, flood or other
inevitable accident. 14
(3) The landlord is not obliged to keep in repair anything the contract-holder
is entitled to remove from the premises (for example, an electric fan
heater). 15
(4) The landlord is not obliged to carry out works or repairs to other parts of
the building unless the disrepair or failure to keep in working order affects
the contract-holder’s enjoyment of the premises or the common parts
which the contract-holder is entitled to use. 16
(5) The landlord is not liable if the existence of the category 1 hazard or the
disrepair or failure of a service installation is wholly or mainly attributable
to lack of care 17 by the contract-holder or a permitted occupier of the
premises. 18
(6) The landlord’s obligations to repair do not arise until the landlord is aware
that works or repairs are necessary. 19
12 Cl 46(2).
13 Cl 44(1).
14 Cls 44(2)(a) and (4). Where the premises are part only of a building, the landlord is not
required to rebuild or reinstate any other part of the building in which they have an estate
or interest, where the damage or destruction is similarly caused: cl 44(3).
15 Cl 44(2)(b).
16 Cl 44(5).
17 Lack of care means a failure to take proper care of the premises or the common parts that
the contract-holder is entitled to use: cl 45(3).
18 Cls 45(1) and (2).
19 Cl 46(1). This restates the current law on the need for the landlord to have notice of the
want of repair. If a landlord transfers their interest in the premises to another, and before
the transfer the original landlord is aware that works or repairs are necessary, the new
landlord is treated as becoming aware of the need on the date of the assignment, but not
before: cls 46(3) and (4).
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