Council secure tenancy - repairing obligations

[efpom]

Brief summary of the facts:

Landlord is a local authority,
Tenancy began towards end of October.
Tenancy is a secure tenancy.
Tenant complained to Landlord about poor state of the floors.
Floor is vinyl tiles, many missing, loose or cracked. Tripping hazard.
Landlord's response - Admits floors are in poor condition but it is not Council policy to repair floors as tenants will probably install wall to wall carpets.

My view, for what it's worth, is that this is a Tenancy Agreement and by failing to provide floors in reasonable condition, Landlord is in breach.
Council policy is nothing to the point because as a "creature of statute" and whilst it has the power to make policies, that policy could not furnish it with legitimacy for the breach.

I would be very interested in hearing the views of other contributors.

[dslippy]

You are correct. The Council has liability to repair the flooring.

[efpom]

I think I have found the "recipe"
https://www.bailii.org/ew/cases/EWCA/Civ/2019/226.html para 35

Tenancy Agreement says: re ll responsibility for repairs

Floors (but not floor coverings),…

The issue therefore is whether the vinyl tiles are part of the floor or are floor coverings.
If the former, LL has repairing obligation, if the latter, it does not.
Therefore tenant must prove tiles are an integral part of the floor.

Later clause - If your home has solid floors or floor tiles and you damage these by fitting carpet grippers we will charge you when you leave

Submitted therefore that the tiles are, in fact part of the floor. LL can recoup cost of repairing floors from tenant at end of tenancy if Tenant has fitted carpet grippers and that fitment has caused damage to floors. But all other damages falls to the LL to repair.

DPA s.4 in play and landlord has repairing obligation for the floor.

Housing Act 2004 in Play- Housing Health and Safety Rating System hazard 20

[efpom]

snippets from reply to Letter before Claim

"The Council still believes it is not required to provide floor covering such as carpet, lino, laminate etc as a requirement of the tenancy agreement, only that the flooring needs to be in a condition for the tenant to be able to fix floor covering of their choice. This is a difference between social housing and private rented accommodation that people are often not aware
of."

more snippets to come, as and when I continue to analyze the reply. However, it is a certainty that the reply has made no attempt to comply with the PD.