Landlords Limited By Certain Conditions and Reasonable Expense

Fitness for Human Habitation

The obligation to ensure the dwelling is fit for human habitation throughout the occupation contract is limited if the landlord cannot comply with this obligation at reasonable expense.

Repair AND Fitness for Human Habitation

The landlord is not required to carry out repairs or ensure the dwelling is fit for human habitation:

• If the contract-holder has the right to remove the item requiring repair from the dwelling;

• where the dwelling has been damaged by a ‘relevant cause’. Relevant cause is fire, storm, flood or other inevitable accident;

• where the dwelling is unfit for human habitation wholly or mainly attributable to ‘lack of care’ by the contract-holder or permitted occupier. Lack of care is a failure to take proper care of the dwelling, (and the building and common parts if the contract-holder has a right to use);

• if the disrepair or damage does not affect the contract-holder’s use and enjoyment of the dwelling and/or common parts (if the contract-holder has a right to use such parts); and

• until the landlord becomes aware of the need to carry out works or repairs are necessary.

The landlord must carry out the necessary works or repairs within a reasonable time after the day on which the landlord becomes aware that they are necessary.

A landlord may be liable to a contract-holder or permitted occupier for any personal injury claims caused as a result of the landlord’s failure to comply with these obligations.