Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Local authority definition

What does Local authority mean? In legal practice, a local authority is the elected council that provides local government for a defined area, exercising statutory functions including planning, housing, social care, education, highways, environmental health, licensing, and the collection of council tax or rates. The expression appears widely in legislation and case law; its precise scope is set by the relevant statute. England: county councils and district councils (including metropolitan boroughs), unitary authorities, London Boroughs and the Common Council of the City of London; parish and town councils are local authorities at the most local tier. Wales: unitary county and county borough councils. Scotland: the...

Local authority housing disrepair in England: claims, protocols, ADR/Ombudsman, expert evidence, LTA 1985 fitness, Awaab’s Law timescales, access/decant duties, limitation and damages

Published by a LexisNexis Local Government expert

Practice notes

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This Practice Note outlines the practical issues that Local authority Landlords should consider when confronted with a housing disrepair Claim in England. It explains the foundation for a repair claim and the practical steps to take when managing a claim, including whether the matter could be addressed through alternative dispute resolution outside the court process. It also covers the Awaab’s Law regime implied term and the new statutory time frames for local authority landlords to investigate and remedy specified emergency and HHRS hazards.

The basis for a disrepair claim

It is essential to understand the grounds on which a claim can be brought, together with some basic procedural points.

Disrepair claims arise principally under contract and statute, and the basis of each is summarised below.

Where there is a tenancy agreement, the claim will typically be for breach of contract. A copy of the tenancy agreement should be obtained to check the landlord’s express repairing duties.

There are also standard implied terms developed by the courts that:

where a landlord undertakes repairs, they must be performed with reasonable skill and care and using appropriate materials
a landlord must not derogate

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Alexander Bastin

Gatehouse Chambers

A property specialist (including L & T aspects of housing) with great experience across most areas of property-related law. Appears in the High Court, the County Court and the First-tier Tribunal (Property Chamber) and the Upper Tribunal (Lands Chamber). Has experience of both sides of the legal profession having once been an employed barrister at Mayer Brown where he specialised principally in commercial property litigation....

Elizabeth England

Employed as a housing case worker in 2015 at award winning legal aid practice Turpin & Miller Solicitors in Oxford, trained and later became head of the housing team. After a series of high-profile cases, she moved to north-west specialist housing firm Pearson & Johnson Solicitors advising and representing local authorities and registered social landlords. Whilst there she obtained Higher Rights and conducted advocacy on behalf of the firm in the range of housing law issues. In 2014 was invited to join London chambers 42 Bedford Row to work with a specialist housing law team. Now represents a range of clients from inner-London borough councils to private clients in the full spectrum of housing law. Elizabeth provides regular training to the London Borough Legal Association. Recent cases include Obtaining and enforcing possession orders for...

Web page updated on 21/05/2026

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