TC Young Solictors

News & Updates

Don't get Caught Cold!

No doubt with the current spell of freezing weather, many housing associations will be facing calls from tenants about frozen pipes.  Many will also be concerned about what they have to do to keep footpaths etc clear of snow and ice.  So what are the legal obligations of a housing association in the current "big freeze"? 

A frozen pipe usually means that there is no cold water supply.  Is a frozen pipe something that a landlord is legally obliged to "repair"?  Is a frozen pipe actually capable of "repair"? Whilst that is arguable, the general obligation under the Housing (Scotland) Act 2001 in Section 27 and Schedule 4 is that a landlord is obliged to keep a property wind and water tight and reasonably fit for human habitation.  A landlord certainly has a duty to take reasonable steps to deal with a frozen pipe and no water supply, regardless of actually carrying out a "repair".

The matter is further complicated by the Right to Repair Regulations which oblige housing associations to carry out small urgent repairs within a specified period of time.  "Repair" is not defined within the Regulations. The list of qualifying repairs covered by the Regulations include: loss or partial loss of water supply and a non-flushing toilet.  A housing association's obligation in relation to these Regulations only covers these repairs up to a value of £350   Accordingly, if you feel the repair can be carried out within that limit where there is a report of loss or partial loss of water supply or a non-flushing toilet, it will require to be treated by you in terms of the Regulations. 

If so, a loss of water supply and a non flushing toilet should be dealt with within one working day following the date of notification by the tenant.  A partial loss of water supply should be dealt with within three working days following upon the date of notification from the tenant. 

Clearly the current weather conditions are extreme and arguably there is nothing that you can do to actually "repair" the frozen pipe.  At the very least you should be advising tenants to turn off the stop cock.   The thaw could also bring further problems to housing associations with flooding from cracked pipes.  Such flooding would fall within the definition of a qualifying repair under the Regulations if the repair is up to the value £350.  Flooding requires to be dealt with within one working day following the date of notification. 

With regard to your obligations, to clear, grit or salt areas which have not been adopted by the local authority, you do have an obligation, in terms of the Occupiers Liability (Scotland) Act 1960, to take such care as is necessary in all the circumstances towards persons on your property in respect of dangers due to the state of the property.  As an occupier of such land, it would be reasonable for you to clear pathways and grit as arguably un-cleared and un-gritted pathways present a danger. The obligation on you is not to ensure that nobody will injure themselves. All that you are required to do is show the degree of care that a reasonable, prudent person would show.   You therefore need to specifically consider, very carefully, the circumstances of any areas in question and take reasonable steps in relation to your obligations to clear any pathways and grit them. 

If you would like any further information on the issues raised in this briefing please contact:

Please note that this briefing not a comprehensive statement of the law. Legal advice should be taken on individual circumstances