Housing Act 1985

96 Right to carry out repairs. E+W

(1) The Secretary of State may by regulations make a scheme for entitling secure tenants, subject to and in accordance with the provisions of the scheme—

(a) to carry out to the dwelling-houses of which they are secure tenants repairs which their landlords are obliged by repairing covenants to carry out, and

(b) after carrying out the repairs, to recover from their landlords such sums as may be determined by or under the scheme.

(2) The regulations may make such procedural, incidental, supplementary and transitional provision as may appear to the Secretary of State to be necessary or expedient, and may in particular—

(a) provide for questions arising under the scheme to be referred to and determined by the county court;

(b) provide that where a secure tenant makes application under the scheme his landlord’s obligation under the repairing covenants shall cease to apply for such period and to such extent as may be determined by or under the scheme.

(3) The regulations may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(4) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section “repairing covenant”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house.