ABSTRACT

This chapter highlights some of the best known problems in the residential sector. During the period 1970-1974, a survey was carried out of a sample size of 510 defective buildings by the Building Research Establishment. It examined a selection of residential premises such as council houses, council flats, private houses and also premises such as offices, schools, universities and churches. The English Housing Survey of 1996 confirms that dampness is and remains one of the most common reasons for housing unfitness. It can lead to structural deterioration. The cases involving council tenants suggest that some aspects of the law are in need of reform. The Law Commission, running against the traditional freedom of contract approach, have asserted an "overriding policy consideration that it is in the public interest that the stock of leasehold property should be properly maintained". The reforms proposed by the Law Commission would have some limits, derived from the current law.