Jim Bauld

Registered with Property118.com
Thursday 22nd March 2012

Latest Comments

Total Number of Property118 Comments: 3

Jim Bauld

10:47 AM, 28th May 2013, About 8 years ago

Tenant seeks advice over wrongful eviction

I'm assuming this property is not situated in Scotland?

if it is, then I can see no basis at all for any eviction action.... Read More

Jim Bauld

21:18 PM, 20th February 2013, About 9 years ago

Draughty Windows - Landlord SOS

I did say that I wasn't disagreeing with the general views!!

But the original post mentions winows ......plural

I had understood the house to be in Scotland.If so the 1985 Act will have no force and the repairing standard in the Housing (Scotlandy) Act 2006 will apply...and the interpretation of the phrase "reasonably fit for human habitation" will still nod towards Summers and subsequent Scottish cases... Read More

Jim Bauld

16:18 PM, 20th February 2013, About 9 years ago

Draughty Windows - Landlord SOS

While not disagreeing with the general thrust of the advice being given here, can I comment on the reply from "Industry Observer"

It is entirely possible in law that a minor repair issue can render an entire house unfit for habitation.

The case of Summers v Salford Corporation is a House of Lords judgement from 1942 and is still regarded as one of the leading authorities on the interpretation of repairs duties

In that case Lord Atkins said that the test of the obligation( to provide a house reasonably fit for human habitation) is not

"whether with the disrepair complained of, the tenant can live in the house....it must not be measured by the magnitude of the repairs required. A burst or leaking pipe, a displaced slate or tile, a stopped drain, a rotten stair tread, may each of them until repair make a house unfit to live in, though each of them may be quickly and cheaply repaired"... Read More