Repairing Rights in the Private Sector
If you rent a home and are having problems with repairs, here are some basic rights to repair and some guidelines on how to get them done.
The Law
Landlords repairing obligations for the vast majority of tenancies are set out in Section 11 of the Landlord and Tenant Act 1985, (formerly Section 32, Housing Act 1961). The exceptions are:
- tenancies that commenced before 24th October 1961
- tenancies that were granted for a term of seven years or more
Most private tenants have a right to repairs but because not all tenancies are the same, it is important to seek advice before taking action, if you have a problem. If you have a written agreement or written terms and conditions it is worth taking time to read through the details.
Some tenants have little security, for example assured shorthold tenants and you should be aware that you could be served with a notice to leave by your landlord if you make a complaint about repairs ( always seek advice first)
Landlords Responsibilities
The landlord is responsible for:
- keeping in good repair the main structure and exterior of the property including drains, gutters and external pipes
- Keeping in working order the installations for the supply of gas, water, electricity and sanitation as well as space and water heating
- having all gas appliances checked and serviced at least once a year by a registered CORGI gas fitter. You should be given a copy of the gas certificate. Note that if you fit a gas fire, as a tenant, you will be responsible for maintaining it.
- any furnishings provided by the landlord which must meet the fire resistance regulations ( furnishings Regulations 1988)
- repairs arising from fire, flood etc.
Tenants Responsibilities
The tenant has a responsibility to:
- use the property in a tenant-like manner. This means that you must not damage or neglect the property or allow others to do damage to the premises
- do small jobs to maintain the property such as unblocking sinks, cleaning windows and keeping the dwelling in a good decorative order
- make good any disrepair to anything you are entitled to remove from the property
Tenants of Council / Social landlords ( e.g. Housing Associations)
Your landlord will have a repair reporting procedure. make sure that you are aware of how to report repairs. repairs are usually prioritised depending on how urgent they are. You may also be given a "target date" for when you can expect the repairs to be completed.
How to report your disrepair problem
When the landlord is responsible do not stop paying rent - your obligation to pay rent as tenant is independent of the landlord's responsibility to carry out repairs.
- inform your landlord that there is a repair problem as soon as is practically possible. It is best if this "Notice of Disrepair" is in writing, as this establishes the landlord's liability. The letter to your landlord should provide details of the disrepair and a request as to how he/she proposes to fix it. You can approach Housing Options or any other local advice service to help you. Remember to date and sign any paperwork and keep a copy of it.
- you must give the landlord reasonable time in which to do the work, usually 4 weeks.
- write again if the landlord fails to complete the repair as requested. You could consider enclosing copies of estimates for the repair from reliable trades people and ask that the work be completed by a certain date.
- emergency repairs should be completed promptly. If you have a repair then you can, with the landlord's permission, get the work done and deduct the cost from future rent or have the invoices sent to him/her. If you do the work yourself you cannot charge labour costs. Some landlords or their agent provide contact details of local trades people that they expect you to use when you have a disrepair problem.
- keep copies of any correspondence, enclosures and notes about costs relating to the disrepair. Where necessary take photographs of any damage that occurs as a result of the defect, for future reference.
- you have a responsibility to inform any visitors to the property about any defect that could cause them injury.
What to do if the landlord refuse to carry out repairs
If the landlord fails to respond to several requests to do repairs, then there are various things you can do.
- contact the Housing Options service and ask to speak to an Environmental Health Officer. They will advise you about the complaint. An Environmental Health Officer will visit your property and inspect the defect/s. They will then contact your landlord to ask that the repairs be carried out. Environmental Health Officers have powers to serve a Notice ordering works to be done within given timescales. If the landlord does not comply with the Notice the council can take the landlord to court or do the work themselves. You should be kept informed of the progress of any action the council takes on your behalf and be given a copy of any Notice that is served.
- take the landlord to court directly. This option can be expensive (if you are not entitled to Legal Aid) and time consuming. You will need to seek appropriate legal advice to prepare for this. There are several options.
- for small claims you can make an application to the County Court which may be allocated to the Small Claims Track.
- for larger claims you will have to go for a full court hearing. You will need the help of a solicitor. The judge can order that the repair works be carried out and/or order the landlord to compensate for damages.
- withholding future rent to pay for repairs - if a tenant does not pay rent, a landlord can take the tenant to court for arrears and the landlord may seek possession on arrears grounds. In some circumstances, if the right procedure is followed, the tenant could do the works and take the cost out of future rental payments. A tenant considering this should always seek advice first.
Remember that for those with less security of tenure any of the actions listed can prompt the landlord to serve a valid notice to leave. You will need to make a decision whether or not to pursue your repairing rights if there is a real danger of subsequently losing your home. Always seek advice first.
Useful Numbers
Citizens Advice Bureau ( Ipswich Office) 01473 219777
Housing Options ( Environmental Health Officers) 01473 433010 /433020