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Fitness for residential purpose? A consumer approach to disrepair

Fitness for residential purpose? A consumer approach to disrepair

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2014) Fitness for residential purpose? A consumer approach to disrepair. Landlord & Tenant Review, 18 (3). pp. 79-81. ISSN 1365-8018

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This editorial argues for a change in the law which would abandon the current definition of repair in the residential letting context in favour of an approach based on a duty to keep and maintain the premises in a condition suitable for their intended use. In line with a more consumer approach to landlord and tenant relations, it is also argued that the enfrocement of the landlord's repairing obligations should shift away from compensation towards ensuring that the premise are actually maintained in a condition suitable for residential use. The editorial also favours two other remedies which may be of particular assiatnce to the tenant in the context of landlord default, namely, the tenant's ability to (1) terminate the tenancy at common law as a result of the landlord's repuidiatory breach of the lease and (2) set-off the cost of repairs carried out by the tenant against the rent.

Item Type: Article
Uncontrolled Keywords: fitness for purpose, landlords' duties, repairs, residential tenancies, tenant's rights, common law termination, set-off against rent
Subjects: K Law > K Law (General)
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
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Last Modified: 14 Dec 2016 10:51

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