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7 October, 21:59

Sarah has rented a house from Frank. The house is only two years old, but the roof leaks every time it rains. The water that has accumulated in the attic has caused plaster to fall off ceilings in the upstairs bedrooms, and one ceiling has started to sag. Sarah has complained to Frank and asked him to have the roof repaired. Frank says that he has caulked the roof, but the roof still leaks. Frank claims that because Sarah has sole control of the leased premises, she has the duty to repair the roof. Sarah insists that repairing the roof is Frank's responsibility. Discuss fully who is responsible for repairing the roof and, if the responsibility belongs to Frank, what remedies are available to Sarah.

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  1. 7 October, 22:09
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    implied warranty of habitability: states that the landlord is required to make sure the premises are habitable making sure it is safe and suitable. He should also repair and maintain the premises for the duration of the lease.

    This makes it Frank's responsibility to repair it. Sarah can repair it and deduct from the rent or Frank can repair it.
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