Jungle Property Blog

Property fraud can happen in many ways. For example, fraudsters may attempt to acquire ownership of a property by using forged documents, or by impersonating the registered owner. The fraudsters may then raise money by mortgaging the property without the owner’s knowledge before disappearing without making repayments, leaving the owner to deal with the consequences.

If you are concerned about becoming the victim of property fraud, consider registering your property with the Land Registry Property Alert service. Once registered e-mail alerts will be sent to you when the Land Registry receives an application to change the register as well as for official searches. You can then judge whether or not the activity is suspicious and if you should seek further advice. To register your property you will need to set up an online account with the Land Registry which is free here or by calling 0300 006 0478.

The landlord has no statutory obligation to repair outbuildings such as garages and sheds unless they are an integral part of the dwelling house.

The key piece of legislation that covers landlord repairing obligations is Section 11 of The Landlord and Tenant Act 1985 which covers the dwelling house (the structure and installations).

If the outbuilding was offered as part of the demised property it is reasonable that the landlord maintains it. If it was made clear in any marketing particulars and tenancy agreement that the outbuilding was excluded from the tenancy or that the tenant was responsible for maintaining it, it is not reasonable to expect the landlord to maintain it. Further, excluding the outbuilding from any inventory would make this clear from the outset as to what the landlords intentions were.

If the outbuilding was offered as part of the demised property it is unreasonable to expect the landlord to make repairs to defects that existed prior to the start of any tenancy and it should never be expected that the landlord should make improvements to the outbuilding – these would be entirely discretionary.

In all cases anything the landlord supplies must not present any health or safety risk to the tenant and should be maintained as such.

What is a schematic diagram?

A schematic diagram is a simplified but accurate illustration of the layout of the water system, including parts temporarily out of use. While providing only an indication of the scale, it is an important tool as it allows any person who is not familiar with the system to understand quickly and easily their layout, without any specialised training or experience. These are not formal technical drawings but show what the systems comprise of, illustrating plant and equipment, including servicing and control valves, any components potentially relevant to the legionella risk, including outlets, strainers and filters or parts that are out of use.

There is nothing in law that prescribes a schematic diagram. However there is published guidance.

The Health and Safety Executive (HSE) Legionnaires’ disease Part 2: The control of legionella bacteria in hot and cold water systems provides guidance for dutyholders, which includes employers, those in control of premises and those with health and safety responsibilities for others, to help them comply with their legal duties.

The HSE guidance document makes 2 references to ‘schematic diagram’ and 1 reference to ‘schematic plan’. The references have been reproduced below and selected text made bold by the author of this blog to emphasise key points:

1. Introduction – Identify and assess sources of risk – In summary, the risk assessment should consider and evaluate description of the water system, including an up-to-date schematic diagram.

{Authors note: this guidance implies an up-to-date schematic diagram should be available for the risk assessments}

2. Appendix 2.1 – Legionella risk assessment – checklist gives the most common key requirements when assessing risk associated with a hot and cold water system based on mechanical, operational, chemical and management aspects: assessment of the validity of the schematic diagram which should include all parts of the system where water may be used or stored.

{Authors note: as above this guidance suggests a schematic diagram should be part of the risk assessments}

3. Appendix 2.2 – Legionella control scheme – summarise the information to include in a legionella written control scheme, i.e.: up-to-date schematic plan showing the layout of the system(s) and its location within and around the premises – this should identify piping routes, storage and header tanks, calorifiers and relevant items of plant, especially water softeners, filters, strainers, pumps and all water outlets.