Limitation periods in housing disrepair claims: a guide for professionals

Housing disrepair claims are subject to limitation periods under the Limitation Act 1980. Misidentifying the applicable period, or failing to advise clients on the impact of limitation, can be fatal to a claim. This article covers the key limitation rules for both claimant and defendant practitioners.

What is the limitation period for a disrepair claim?

The standard limitation period for breach of a repairing covenant is six years from the date the cause of action accrued (section 5, Limitation Act 1980, as the claim is in contract). Claims based on breach of section 11 of the Landlord and Tenant Act 1985 or the Defective Premises Act 1972 are similarly subject to six years.

Where the claim includes personal injury, for example, respiratory illness caused by mould, the limitation period for that element is three years from the date of knowledge (section 11, Limitation Act 1980), subject to the court's discretion to extend under section 33.

When does the cause of action accrue?

For breach of a repairing obligation, the cause of action typically accrues when:

• The defect comes into existence and
• The landlord has notice of the defect (whether expressly notified by the tenant or by other means)

The landlord's obligation to repair arises only on notice in most cases (following O'Brien v Robinson [1973]). Time therefore begins to run from when the landlord had actual notice, not from when the defect first occurred.

This has important practical implications. Where a tenant first reported a defect many years ago and the defect has remained throughout, the entire period of unremedied disrepair from notification may be within limitation, subject to the six-year cap. However, where the tenant can only evidence notification from a date within the six-year period, only that period can be claimed.

What if the disrepair spans more than six years?

Where a disrepair has persisted for more than six years, the claim can typically cover the six years preceding the date of the claim (or proceedings), not the full period. Claimant solicitors should identify the earliest evidence of notification to establish the claim period and advise clients accordingly.

Defendant solicitors should scrutinise notification dates and limitation from the outset. A claim seeking damages for a twenty-year disrepair history may be partially time-barred.

Continuing breaches

Repairing obligations are continuing in nature. Each day of unremedied disrepair after notification is, in principle, a fresh breach. The limitation period restarts with each continuing breach. This means a claim can be pursued for any period of breach within the six years before proceedings, even if the same defect has existed for longer.

Section 14: knowledge in personal injury claims

For the personal injury element of a disrepair claim, time runs from the claimant's date of knowledge, the date when they knew, or ought reasonably to have known:

• That the injury was significant
• That it was attributable to the defendant's act or omission
• The identity of the defendant

In practice, the three-year limitation period for personal injury claims in disrepair cases often begins when the tenant first sought medical advice and connected their symptoms to the property's condition. This can be more recent than the date of notification of the disrepair itself.

Section 33 discretion

The court has a discretion under section 33 of the Limitation Act 1980 to allow a personal injury claim outside the three-year period where it is equitable to do so. The court will consider the length of the delay, the reasons for it, the effect on the cogency of evidence, and the conduct of the parties.

In disrepair cases where the tenant delayed bringing a claim because they were unaware of their rights or had difficulty accessing legal advice, section 33 discretion can be relevant.

Practical points for claimant solicitors

• Establish the earliest documented date of notification at the outset of a new matter
• Check medical records for the earliest recorded connection between health symptoms and property conditions
• Issue proceedings promptly when limitation is approaching, do not rely on pre-action protocol timescales extending the window
• Advise clients in writing on limitation and the risks of delay

Practical points for defendant solicitors

• Scrutinise notification dates in the claimant's letter of claim, does the claimed period pre-date documented notification?
• Consider whether any personal injury element is time-barred if the tenant has been in the property for more than three years before claiming
• Raise limitation as a defence where appropriate and do not allow it to be waived by accident

Sources

• Limitation Act 1980 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Defective Premises Act 1972 (legislation.gov.uk)

Related articles

• Housing disrepair, the pre-action protocol for professionals