Part P Building Regulations

This entry is part 3 of 3 in the series Electrical SafetyBuilding Regulations have been around for many years and are concerned to ensure the health and safety of people in and around buildings by providing functional requirements for building design and construction. On 1 January 2005, part P of the building regulations came into force. What work is covered by Part P? The Regulations apply to all fixed electrical installation work in dwellings....

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Condensation

Introduction Before the Housing Health and Safety Rating System (HHSRS) introduced by the Housing Act 2004, there have been several cases showing that a landlord is not liable for condensation unless that condensation is caused by some structural defect falling under the landlords obligation to repair. Under the HHSRS, greater powers are given to local authorities to deal with condensation (under the heading “Damp and Mould Growth”)....

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Right of entry

In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.( Landlord and Tenant Act 1985, s 11(6). Where the right to manage...

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Landlord not liable until notice of defect

O’Brien and Another v. Robinson [1973] 2 W.L.R. 393 House of Lords HL Lord Reid, Lord Morris of Borth-Y-Gest, Lord Diplock, Lord Simon of Glaisdale and Lord Cross of Chelsea The first appellant was tenant and the respondent was landlord of a dwelling house to which section 32 of the Housing Act 1961 applied, so that there was an implied covenant by the respondent to keep in repair the structure and exterior of the dwelling house. The first...

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Requirement of Notice

Requirement of notice Where the landlord covenants to keep in repair property which is the possession of the tenant, his obligation is subject to an implied term to the effect that his liability does not arise until he has notice of the defect. ([Makin v Watkinson (1870) L.R. 6 Ex. 24]; [Torrens v Walker [1906] 2 Ch.166]; see also Pembery v Lamdin [1940] 2 All E.R. 434. There is no need to plead the notice: Ord. 18, r. 7(4)) This implied term...

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