Disrepair Claim

Section 11 of the Landlord and Tenant Act 1985 implies a repairing covenant into most short residential leases. It provides that the lease carries 'an implied 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... and (c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.' A disrepair claim is the tenant's civil action for breach of that covenant (or an equivalent express term).

Section 17 of the same Act gives the court an express specific performance remedy: 'In proceedings in which a tenant of a dwelling alleges a breach on the part of his landlord of a repairing covenant relating to any part of the premises... the court may order specific performance of the covenant... notwithstanding any equitable rule restricting the scope of the remedy.' Beyond specific performance and damages, the Ministry of Justice's Pre-Action Protocol for Housing Condition Claims records that tenants may also raise disrepair defensively, by way of set-off against a landlord's claim: it does not itself cover 'housing conditions claims which originate as counterclaims or set-offs in other proceedings i.e. where the tenant is seeking to have the compensation due for adverse housing conditions set against money claimed by the landlord (typically in a possession claim for rent arrears),' confirming set-off as an established route for tenants facing a rent arrears claim.