Legal Disrepair Policy

1. POLICY PURPOSE 

1.1 As a landlord One Manchester is legally obliged to keep its housing in repair in accordance with its statutory and contractual obligations. Properties that fall below the standard are deemed to be in a ‘state of disrepair’. 

1.2 This policy outlines the principles adopted by One Manchester when determining whether a property is deemed in a state of disrepair. 

1.3 The policy is designed to, at a minimum comply with the Housing Disrepair Protocol, but will look to have much tighter timescales to ensure homes are assessed and repaired as soon as possible to maintain safety. 

2. POLICY SCOPE 

This policy applies to all residential properties owned and managed by One Manchester, excluding shared ownership and properties built for outright sale. 

3. RELEVANT LEGISLATION & REGULATION 

3.1 The Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985, with the aim of ensuring that all rented accommodation is fit for human habitation. While it did not create new obligations for landlords, it required landlords to ensure their properties are fit for human habitation at the beginning of, and throughout, the tenancy. 

3.2 The Landlord and Tenant Act does not define “fit for human habitation”, but consideration should be given to repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food, the disposal of wastewater and any prescribed hazard. The Act also strengthened tenants’ means of redress where landlords do not fulfil their obligations, with the expectation that if tenants are empowered to take action against their landlord, standards will improve. 

3.3 Related Legislation/ Relevant Regulations: 

• Landlord and Tenant Act 1985 (Section 11)
• Housing Disrepair Protocol – Civil Procedure Rules (revised)
• The defective Premises Act 1972 (Section 4)
• Occupiers Liability Act 1957
• Occupiers Liability Act 1984
• Environmental Protection Act 1990 housing Act 2004
• Equality Act 2010
• The Homes (fitness for habitation) Act 2018 (Section 10 – Fitness for Human Habitation and Liability for Housing Standards Act 2018)
• Awaabs Law – addition to The Homes Act
• The Building Act 1984
• Building Safety Act 2022
• Control of Asbestos Regulations 2012
• Health and Safety at Work Act 1974
• Social Housing (Regulation) Act 2023
• Decent Homes Standard 2006
• Housing Health and Safety Rating System (Housing Act 2004) 

4. POLICY STATEMENT 

4.1 The specific aims of the policy are: 

• To maintain homes and provide an excellent repairs and maintenance service.
• To minimise potential claims under the legislation.
• To avoid unnecessary legal/ court proceedings.
• To promote responsive and appropriate repairs which are the landlord’s responsibility. 

5. DEFINITIONS 

5.1 What is disrepair? 

5.1.1 Housing disrepair is when the condition of a rented house or flat, either through social housing or a private landlord, has deteriorated or changed negatively in comparison to the state of the dwelling at the time of moving in. This can be measured against the One Manchester’s lettable property standard. 

5.1.2 This can be failing to repair, damage or deterioration to the exterior that is connected to or forms part of the actual dwelling or interior of the house or flat, their structure and common parts in case of a building divided into flats. 

5.1.3 The tenancy agreement, lease and certain legislation outlines whose responsibility it is to maintain the property. 

5.1.4 Housing disrepair is not limited to just physical deterioration. It can be an infestation, mould problems, broken boiler, plumbing or gutter issues; anything that prevents a tenant from being able to live normally in their home. 

5.1.5 There can also be an element of personal injury in a disrepair claim if the people residing in the house have suffered from an injury or sickness as a result of the issues in their home. When such allegations or claims arise we will immediately refer the matter to our insurers. 

5.2 What Legal Process/proceedings? 

5.2.1 Legal process/proceeding refers to the formal legal process initiated when a tenant or leaseholder brings a legal claim against the housing provider, typically through courts, in relation to alleged breaches of repairs obligations under the tenancy agreement, lease or relevant legislation such as Landlord and Tenant Act 1985 or the Homes Act 2018. 

5.2.2 Legal process/proceedings usually follow unsuccessful informal or pre-action resolution attempts and may result in a court order for remedial works, damages or other legal remedies. 

6. HOUSING DISREPAIR PROTOCOL 

6.1 The Ministry of Justice sets out a Housing Disrepair Protocol to be followed if a tenant intends to bring a disrepair claim. In England it applies to tenants of rented premises, and leaseholders. 

6.2 The Protocol describes what courts expect to happen before the start of legal proceedings to achieve an early and appropriate resolution of the issues. 6.3 In instances where we have not been completed a repair to a decent standard or within a reasonable timeframe, we aim to avoid the need for legal proceedings by following the Housing Disrepair Protocol Guidelines on seeking alternative Dispute Resolution (ADR).

6.4 Where legal proceedings cannot be avoided, we aim to ensure the Housing Disrepair Protocol is followed and all timescales are adhered to minimise the impact of the claim. The latest version of the protocol can be found here: Pre-Action Protocol for Housing Conditions Claims (England) – Civil Procedure Rules 

6.5 This includes: 

• closing down disrepair cases as quickly as possible;
• following good pre-legal proceedings practice;
• ensuring early exchange of information accurately and effectively;
• close and effective management of contractors engaged to carry out repair works;
• ensuring the processes involved are transparent, scrutinised and monitored;
• empowering colleagues to make commercial decisions on behalf of One Manchester to minimise the costs and damages incurred; and minimising the number of cases proceeding to court. 

6.6 One Manchester will always act in accordance with the Housing Disrepair Protocol, which provides comprehensive and detailed direction on the steps that housing providers should follow, in the event of a claim of disrepair. 

6.7 The Protocol is based on the principle that court action should be treated as a last resort and encourages parties to avoid legal proceedings by agreeing a settlement of the claim before the commencement of proceedings. The protocol promotes the use of ‘experts’ to help the different parties agree on the repair, its causes and action required to address it. 

6.8 The main components of the Protocol are: 

6.9 Alternative Dispute Resolution • One Manchester will always try to settle any disrepair claim without court action and will consider using all available forms of Alternative Dispute Resolution (ADR) including using the complaints processes to avoid the necessity for court action as outlined in the pre-action protocol. 

6.10 Appointment of Experts 

The Protocol encourages the use of a single joint expert (surveyor) and One Manchester will adopt this approach wherever possible. If One Manchester and the customer cannot agree on a single joint expert, either with joint or separate instructions, the Protocol suggests a joint inspection by each party’s expert. 

6.11 Liability of costs for non-compliance • For cases where court action cannot be avoided, the court may ask One Manchester or the Customer to pay costs if either party failed to comply with the Pre-Action Protocol. One Manchester will follow the protocol to ensure compliance at all stages. 

6.12 Policy standards 

• One Manchester will endeavour to comply with disrepair protocol, governing law, regulation and standards.
• One Manchester aims to maintain homes to the required standard and within a reasonable time frame as detailed in the repair’s handbook.
• Upon receipt of a disrepair claim One Manchester will acknowledge the claim within 5 working days.
• Where agreement can be made with the resident/leaseholder on a single or joint expert inspection, we will arrange an appointment to inspect the property within 20 days. The customer will be notified of the date of the inspection in writing giving 7 days’ notice for access, unless an earlier date is agreed by both parties.
• If access is not provided by the customer for the inspection a further appointment will be arranged verbally and confirmed in writing.
• Should a customer continue to refuse or hinder access for the survey or works to be completed, then One Manchester will raise concerns via its legal representative and reserves its right to use legal enforcement should this action be required when other avenues have been exhausted.
• Where an agreement cannot be made and inspected within this timeframe we will work with the resident or their representative to agree a suitable extension to this timeframe.
• The purpose of the inspection is to identify any repairs and which if any elements fall under disrepair legislation.
• If a single expert inspection is agreed a report should be sent to both parties within 10 days of the inspection date, unless otherwise agreed.
• If a joint inspection is agreed then, the experts should produce a joint Scott Schedule (a document used in all disrepair cases to set out each item of alleged disrepair raised), with an agreed schedule of works detailing the defects, required works which are agreed and a timetable for the agreed works together with any areas of disagreement and the reasons for the disagreement.
• The agreed Scott Schedule should be sent to both parties within 10 working days of the joint inspection taking place, unless otherwise agreed.
• Once the works schedule is agreed One Manchester will complete the identified repairs within a reasonable timeframe based on the work involved and provide appointments dates in writing to the customer.
• Where it is agreed that One Manchester have not completed its repairs responsibilities under disrepair legislation, we will assess and establish liability and negotiate with the customers representative, to agree a suitable and reasonable settlement to avoid legal proceedings where possible.
• Where we are unable to agree liability or settle the matter by negotiation One Manchester reserves its right to defend matters in a court of law. 

7. COMPLAINTS 

7.1 If a customer is unhappy about a decision in relation to this policy, they should first follow our complaints process. If they are still not satisfied, they may then take the complaint to the Housing Ombudsman. 

8. RESPONSIBILITIES 

8.1 The Head of Repairs is responsible for ensuring this policy complies with legislative and regulatory requirements. Managers and colleagues who deal with decants are responsible for implementing this policy 

8.2 The Head of Repairs is responsible for monitoring the overall performance of the effectiveness and outcomes from this policy. 

9. EQUALITY IMPACT ASSESSMENT 

9.1 An Equality Impact Assessment (EIA) has been completed and assessed. 

9.2 The EIA found that the policy complied with One Manchester dedication to the Equality Act 2010. 

9.3 The policy demonstrates a strong commitment to equality, diversity and Inclusion. It applies universally to all teams and includes safeguards for vulnerable groups. The policy is supported by performance monitoring, customer feedback, and legal compliance mechanism that help ensure equitable outcomes. 

9.4 We recognise that this policy will be used and practiced in conjunction with relevant polices such as, and not limited to, the reasonable adjustment policy, access policy and safeguarding. 

10. MONITORING AND REVIEW 

10.1 Compliance with this policy shall be monitored by the Head of Repairs. We will review the impact of this policy on customers with protected characteristics under the Equality Act 2010. 

10.2 This policy shall be reviewed as a minimum every 2 years (or sooner where there is a change in legislation).. 

10.3 The Head of Repairs will be responsible for initiating a review of this policy. 

10.4 The Director of Operations is responsible for interpreting this policy where the provisions are unclear or there is ambiguity. 

10.5 The Officer or Officers operating the policy in practice are responsible for implementing the policy and interpreting the policy giving the words of the policy their common everyday meaning. 

11. CONTACT PERSON 

11.1 The Head of Repairs has responsibility for the effective delivery of this policy. 

12. ASSOCIATED POLICIES AND DOCUMENTS 

12.1 Related documents as below:

• Reasonable Adjustments Policy
• Equality, Diversity and Inclusion Policy
• Access Policy
• Disrepair Procedure
• Damp and mould Policy
• Asset Management Strategy
• Complaints Policy
• Compensation Policy
• Repairs Policy