Balancing your landlord responsibilities with tenant rights can be tricky, especially when renovating rental properties or carrying out repairs when tenants are there.
Naturally, as a landlord, you will want to make improvements or do repairs to your rental property, but the situation can get a little sticky when tenants are in situ.
As you already know, landlords and tenants have rights and responsibilities in UK law, so it's important to work together to find a fair balance.
In this article, we'll explore the rules landlords should follow when they want to carry out renovations or repairs while tenants still live in the property.
We'll also look at what tenants can expect from their landlords, the steps that should be taken, and some solutions to common problems that might come up.
Table of Contents
- What rights does a landlord have to access a property for inspections, repairs, and improvements?
- How much notice should a landlord give before entering a property for an inspection?
- How much notice should a landlord give before entering a property for repairs?
- What happens if a tenant won't allow access for repairs?
- Can a landlord enter a property for general improvements?
- What rights do tenants have regarding disturbances from their landlords?
- What constitutes a breach of a tenant's right to quiet enjoyment?
- What responsibility do landlords have regarding the condition of a property and its impact on the tenant's living conditions?
- How can a rental property be used during repairs?
- What actions by a landlord related to repairs could be considered harassment?
- What should tenants do if repair work causes damage to the property?
- What should a landlord do after repairing a property?
- When might a tenant need to move out for repairs?
- Does a landlord have to find alternative accommodation for their tenants?
- Can tenants stop paying rent if they have to move to alternative accommodation?
- What happens if major works are needed or the property is being demolished?
- What happens if tenants are displaced because of a house order?
- Can tenants withhold rent if repairs aren't done?
- How can Lawhive help?
What rights does a landlord have to access a property for inspections, repairs, and improvements?
Tenants must let their landlord enter the property for checks and repairs.
If the tenancy agreement says so, they must also allow access to make improvements. If not, they don't have to let the landlord in to make improvements.
How much notice should a landlord give before entering a property for an inspection?
A landlord or agent must give tenants at least 24 hours' written notice before entering the property for an inspection.
How much notice should a landlord give before entering a property for repairs?
Landlords should give at least 24 hours notice before entering a property to do essential repairs. However, in emergencies, they might need to come in sooner.
What happens if a tenant won't allow access for repairs?
If a tenant refuses to let their landlord in for essential repairs, they're breaching the terms of the tenancy agreement and could be evicted if they don't cooperate.
Can a landlord enter a property for general improvements?
Usually, landlords can't legally enter a property to make general improvements (i.e. non-essential work) unless:
The changes are necessary for the property to be habitable;
The tenancy agreement says they must allow access to the property for non-essential renovations, like painting or upgrading fixtures.
If a tenant refuses a landlord access in these circumstances, they are breaching the tenancy agreement.
Sometimes, landlords may need tenants to move out for big changes or redevelopment. In such cases, the landlord can use legal grounds to evict tenants.
What rights do tenants have regarding disturbances from their landlords?
Tenants have the right to quiet enjoyment of their rental property. This means they shouldn't be disturbed by their landlord.
This is a standard part of a tenancy agreement, even if it's not in writing.
There is no way a landlord can change a tenant's right to peace and quiet by changing the terms of the tenancy agreement.
What constitutes a breach of a tenant's right to quiet enjoyment?
A landlord may be seen as disturbing a tenant's peace by not carrying out essential repairs, causing unnecessary inconvenience. Examples of neglect could involve cutting off utilities like gas or electricity without a valid reason.
Also, if repairs on a neighbouring property owned by the landlord create excessive noise or disturbance, this could be classed as a disruption of the tenant's right to quiet enjoyment of their home.
What responsibility do landlords have regarding the condition of a property and its impact on the tenant's living conditions?
Landlords must prevent any conditions inside or around the property that could disrupt the tenant's use of their living space.
This includes avoiding situations like pest infestations or health hazards that affect the tenant's ability to live comfortably.
How can a rental property be used during repairs?
When essential repairs are carried out on a rental property, workers may need to occupy the space temporarily or use utilities like gas, electricity, and water.
Use of utilities during repairs
Tenants must allow landlords or workers to make use of utilities such as electricity and gas if they have an assured, assured shorthold, or protected tenancy. However, in landlord and tenant law, what's considered 'reasonable' isn't clearly defined.
If a tenant disputes excessive utility bills due to repairs, the court will decide what's fair.
Tenants do not have to provide access to utilities for improvements. However, they may discuss this with their landlord and agree to share utility costs, especially if renovations lead to prolonged or excessive use.
Can a landlord occupy a rented property while making repairs?
For essential repairs, a landlord can enter and occupy the tenant's property. However, they don't get automatic access to all areas unless necessary.
If a tenant denies a landlord or their workers access to a specific part of a property, the landlord may seek an injunction to resolve the issue.
What actions by a landlord related to repairs could be considered harassment?
Landlords sometimes misuse repair issues to pressure tenants to leave, such as neglecting repairs or cutting off essential services.
These actions, along with any verbal or physical abuse, can constitute landlord harassment under the Protection from Eviction Act 1977.
Landlord harassment covers any acts or behaviours that disturb tenants' peace or deprive them of essential services they need for living on the property.
Harassment is a criminal offence, and victims can seek an injunction to stop the landlord's behaviour and claim damages for any harm caused.
What should tenants do if repair work causes damage to the property?
If damage happens due to repair work arranged by the landlord, it's up to the landlord to fix it. The tenant can request the landlord:
Make arrangements to fix the damage;
Replace damaged items;
Pay compensation for any loss or inconvenience.
Landlords have a duty of care to ensure that repair or maintenance work is carried out safely to prevent damage. Furthermore, if damage does occur at the hands of a contractor, it is the landlord's responsibility to address this with the contractor, not the tenants.
If damage occurs during repairs, tenants may have grounds to file a claim for negligence or breach of the Defective Premises Act 1972.
What should a landlord do after repairing a property?
When a landlord is responsible for the repairs, they must also fix any damage to decorations caused by the repair work, such as damage resulting from neglecting to carry out necessary reports or damage directly caused by the repair process.
Does a landlord have to redecorate for all types of damage?
Landlords are not obligated to redecorate if the damage results from improvement works unless the tenant requested redecoration as a condition for allowing access to make improvements.
When might a tenant need to move out for repairs?
If repairs can't be reasonably carried out while the tenant lives in the property, the landlord may require them to move out temporarily.
In some circumstances, this might not be necessary and the landlord can arrange to carry out work one room at a time instead.
Alternatively, they may provide alternative accommodation to carry out repairs, even if they could reasonably do so while the tenant is in occupation.
Does a landlord have to find alternative accommodation for their tenants?
Landlords aren't legally required to find alternative accommodation for tenants during repair works unless the tenancy agreement mentions it.
Sometimes, landlords have insurance which might cover a short stay in a hotel if the property is unfit for habitation during repairs.
Can tenants stop paying rent if they have to move to alternative accommodation?
Tenants must continue paying rent during repairs unless they have an alternative agreement in writing with their landlord.
Sometimes, landlords and tenants might mutually agree that rent payments should be temporarily suspended during repair works if the landlord needs access to the entire property or if there is a reason why repairs can't be done with the tenant living there.
It is important, however, that if these agreements are made, the tenant gets confirmation in writing.
Can tenants recover the costs of alternative accommodation?
If tenants have to move out because the landlord didn't fulful their legal duties in repairs or maintenance, they can recover the costs of alternative accommodation. For example, if a landlord fails to fix a leak tenants can't stay there because the roof caves in.
Tenants can claim the cost of moving or finding temporary accommodation until the problem is fixed.
To claim, tenants should get legal advice from a landlord and tenant solicitor who may be able to help them under a conditional fee agreement.
What happens if major works are needed or the property is being demolished?
Secure tenants can be legally evicted if the landlord needs vacant possession for big repairs or demolition.
However, they must offer another suitable place to stay and tenants may be able to claim compensation for having been displaced in this way.
What happens if tenants are displaced because of a house order?
If a tenant has to move out because of certain housing orders, like a compulsory purchase order or demolition order, the local authority must find them a new place to live.
Individuals in these circumstances may also be entitled to compensation from the local authority for having to move.
Can tenants withhold rent if repairs aren't done?
Tenants do not have an automatic right to withhold rent, even if the landlord isn't meeting their repair obligations.
In certain circumstances, tenants might take the initiative and negotiate a temporary rent reduction with the landlord. However, the landlord doesn't have to agree to this.
If the landlord doesn't agree to reduce the rent but a tenant decides to withhold it anyway, this could lead to eviction as landlords can start eviction proceedings for rent arrears.
Therefore, tenants should not stop paying rent if their landlord isn't meeting their repair obligation as they could be evicted.
Instead, they might be able to claim compensation to offset arrears due to disrepair.
How can Lawhive help?
Whether you're a landlord looking for guidance on balancing your responsibilities with tenants or a tenant looking to understand your rights related to repairs and renovations, our network of landlord and tenant solicitors is here to help.
Contact us today for expert advice and support tailored to your situation.