To demonstrate the principal of the caveat emptor rule does not apply to the private rented sector

Abstract

The main aim of the dissertation is to understand the private rented sector to establish whether the Caveat Emptor law – Meaning let the buyer beware, is still followed in the English law. What is understood, is that the principle of caveat emptor means that the buyer is solely responsible for checking the quality of a property before an agreement is made, however a landlord has an obligation to speak up regarding any defects they already know of. The objectives used are to demonstrate whether tenants and landlords know the meaning of the caveat emptor principal and if they understand how it applies to a property. Analysis of the legal background and any housing law that protects landlords and tenants will be compared and research will be carried out to evaluate if tenants and landlords are clear about their responsibilities when signing a contract.
The English housing survey highlights that Britain it is largely made up of privately rented houses. It has become clear that landlords are being allowed to rent properties to tenants when in a state of disrepair. The grey area highlighted is that after a tenant agrees to a rent a property and signs an agreement to then come across repairs. Even when there is law in place to ensure that, it is an obligation for a landlord to speak up about any problems including repairs before a tenants accepts a property. Tenancies are started when no legal guidelines are handed over so ensuring roles and responsibilities and boundaries are clearly defined to both parties it not taking place. Serious lack of knowledge regarding housing law from tenants has been highlighted in the questionnaires. Another grey area found is what is meant by fair, wear and tear within a tenancy agreement. It made sense to research how other professionals choose to conduct research as well as what styles are voted to be most relevant. (Skills, 2004) Suggests that when a large number of respondents are needed a questionnaire survey would be best, as it allows a large number of people to be contacted that are spread across a large area. By asking the same group of people the same questions, makes it a reliable method of research. (Constantinos N. Phellas, 2012) Agrees and adds that a respondent can be more honest when answering a questionnaire privately. After
taking these views into consideration a questionnaire survey and analysis of case law was chosen. From the questionnaire survey the following was asked, level of user satisfaction from both landlord and tenant, time is takes to report a repair and have it remedied, how familiar landlords and tenants are with the meaning of the caveat emptor principal, if guidelines are given at the start of a tenancy, how often a property is inspected for repairs and lastly if tenants are aware of the housing law that protect them as individuals. The main findings from this research was that user satisfaction was not voted good or bad it was more in-between, meaning more can be done to gain a better relationship. Also Landlords are generally voted ok when it comes to fixing a repair, however, reporting a repair to start with can sometimes be a problem. With regards to the caveat emptor principal results show it is no longer followed, as law and legislation has been revised and reissued. This is when the housing sector began to get better and a fair level of protect is now given to landlords and tenants that are in agreements together. However tenants do lack knowledge of any housing law that protects them. Lastly the meaning of ‘repair’ is clearly understood differently by different people.