All tenants have the right to dwell in a safe and habitable space. Since you're paying rent, it’s expected that you’d be living in a space without health or safety risks. While every tenant can do their fair share of minor repairs, they’re not expected to handle major repairs like structural damage - especially when it wasn’t caused by them. The landlord must fix certain damages, and failure to do so could lead to a costly lawsuit.
In this article, we'll deep dive into:
Landlord legal obligations
What to do if your landlord refuses to make repairs
Best practice for tenants
Landlord’s Legal Obligations for Repairs
Most property disrepair solicitors will guide you to the Landlord and Tenant Act 1985. Landlords have the following obligations to repair and maintain rental properties up to habitable safety standards:
Responsibility for Repairs
When it comes to tenant rights repairs, the landlord must handle all repairs concerning the structural integrity, exterior, and habitable state of a rental property. These repairs cover damage from hazards such as storms or fires, damage to essential installations such as broken boilers, leaking roofs, or faulty electrical wiring.
Health and Safety Requirements
Landlords must ensure that rental properties are safe for human habitation. Hence, managing issues like damp and mould, infestations, or dangerous structural challenges is the landlord’s duty. Under the Homes (Fitness for Human Habitation) Act 2018, if a rental property poses safety risks, it may be considered “unfit for human habitation.”
Steps Tenants Can Take If Repairs Are Not Done
While tenants may be willing to assist with repairs, it’s not their responsibility. In some cases, landlords hesitate to make repairs, hoping the delays or inconvenience might get tenants to handle it themselves. If your apartment is damaged, here’s what you can do to get your landlord to act fast:
Report the Issue to the Landlord: Notify your landlord in writing as soon as you notice any maintenance issue, and keep a copy of your writing. Usually, it’s just convenient to make a call or send a short text, but it’s safer to make a formal complaint via letter detailing the complaint and severity of the issue. Give your landlord time to respond, and also document the response.
Contact the Local Council: If your landlord doesn’t act on time, it’s time to escalate the matter. Contact your local council’s environmental health department to report the matter. Your complaint should document the damages and maintenance issues. The council will schedule a time to inspect the property. Depending on their findings, they may issue the landlord a notice to make the necessary repairs promptly.
Withholding Rent or Arranging Repairs: If a landlord fails to handle essential repairs, it’s a common practice for tenants to withhold rent until the repairs are done. While this is effective in forcing landlords to handle repairs, it’s risky as landlords might head to court for eviction. The alternative is for the tenant to arrange repairs and deduct the cost from future rent payments. Landlords may apply for tenant eviction based on refusal to pay rent. However, tenants can defend themselves by proving that the refusal to pay rent was not malicious but based on the landlord's failure to handle essential repairs. This is why documenting your complaint is important for evidence in dispute.
Take Legal Action: If all steps fail, you can take the matter to court for the final resolution. Document all your efforts at getting the landlord to make repairs and use them as evidence to push your case. To make your disrepair claim stronger, ensure that you do not owe rent, as the landlord can use this as a defence for refusing to make repairs.
After reviewing your tenant repair claim, the court may allow the landlord to defend themselves. However, if there’s no tangible reason for failing to handle repairs, the court will order the landlord to carry out the repairs. It may also award compensation to you for any harm or loss caused by the landlord’s negligence - including reimbursing your expenses on repairs.
UK Tenant Rights and Protections Against Retaliation
When tenancy matters get to court, there’s often bad blood between the landlord and tenant. Landlords might want to frustrate or evict tenants who report them to the local council or even take them to court. Nonetheless, the law has a few protective rights for tenants. They include:
Protection Against Retaliatory Eviction: Tenants are legally protected against being evicted in retaliation for requesting repairs. In fact, under the Deregulation Act 2015, landlords cannot issue a Section 21 eviction notice for six months after a tenant has complained to the local council about repairs. The landlord would automatically be unable to apply for eviction in court without issuing the appropriate notice.
Right to a Safe and Habitable Home: Under the Landlord and Tenant Act 1985, tenants have the right to live in a safe and habitable home free from severe structural damage or health risks. If, upon inspection, a property is found to be unfit for habitation, especially where the tenant has been committed to some level of maintenance, the landlord will be forced to repair it by the local council.
What to Do If Your Landlord Refuses to Make Repairs
Here’s what to do if your landlord refuses to handle repairs, especially after notifying them:
Keep Paying Rent
Although withholding rent might seem like a good idea, it comes with an eviction risk. Eliminate the risk by paying rent even if the repairs aren’t made. Think about it this way, it’s a lot easier for the landlord to pay for repairs than for you to pay off accumulated rent arrears - especially as money naturally gets diverted to other uses. As such, the court might judge against you based on the rent arrears. You’d have a stronger case in court and with the local council if you’re fulfilling your own duty by paying rent.
Collect Evidence
Gathering evidence is essential in getting landlords to make repairs. Take photos and videos of the damages that need repairs and attach them to your letter to the landlord. You can write the letter directly or via email. These pieces of evidence will be crucial if the matter escalates to the local council and to court.
Get Professional Advice
Housing repairs can be dicey. While landlords handle major repairs, tenants must handle some other minor repairs. To avoid confusion about what repairs are for your landlord, it’s best to discuss them with a solicitor. Alternatively, you can seek advice from a housing advisor or a local Citizens Advice Bureau to explore options and understand the best course of action.
Best Practices for Tenants
When engaging your landlord on issues of repair, here are a few practices to guide you:
Maintain Open Communication: Always engage your landlord or their letting agent respectfully. Sometimes, a gentle text is all that is needed to quickly resolve issues and avoid misunderstandings.
Understand Your Tenancy Agreement: Tenancy agreements heavily determine the landlord-tenant obligations. Hence, it’s important to review your tenancy agreement to understand your responsibilities and what repairs your landlord is obligated to carry out. This can help clarify grey situations and prevent disputes.
Document Everything: In all your interactions with your landlord, keep detailed records. By documenting everything, you’d be better prepared should legal action be needed. Keep detailed records of all communications, damages, repairs, and also monitor the repair process personally.
Legal and Regulatory Considerations
Understanding landlord-tenancy relationships' laws is important for managing contentious issues such as repairs. Tenants need to stay informed on UK tenancy laws to understand their rights, and landlords need to understand their obligations as required by law. Some of the laws governing landlord-tenancy relationships and the issue of repair include:
Landlord and Tenant Act 1985
Homes (Fitness for Human Habitation) Act 2018
The Housing Act 1988.
For clarity on landlord-tenancy repair obligations, you can seek advice from:
Lawyers
Housing Advisors
Local Councillor
Note that environmental health departments are your best option for assessing rental properties' safety and habitable status. You can contact them via your local council for clarifications and repair inspections. They can also advise you on legal steps for when your landlord fails to comply with repair notices.
FAQs
Can I withhold rent if my landlord doesn’t fix the problems?
Although withholding rent until a landlord fixes repairs is common practice, failing to pay rent can result in eviction.
What repairs is my landlord responsible for?
According to the Housing Act 1988, landlords are responsible for major repairs affecting a rental property's structural integrity, primary installations, and exterior.
How long should I wait for repairs to be done?
Although there’s no legally prescribed time to wait, you should reasonably have a reply within 48 hours. The length of time for repairs varies based on the severity of the damage.
Can my landlord evict me for asking for repairs?
No, landlords are barred from evicting tenants arbitrarily or in retaliation for asking for repairs.
Conclusion
By law, tenants are entitled to safe and habitable dwellings, and landlords are responsible for maintaining properties up to standard. When landlords refuse to make repairs, tenants can force them to act by making a formal request for repairs and also contacting the local council. Tenants may consider legal action when the landlord fails to yield to the local council.
Issues of repair might be confusing, especially when the tenancy agreement is unclear on repair obligations. This is where seeking legal advice is important. At Lawhive, our tenancy law experts and repair claim solicitors are ready to dissect individual scenarios and provide comprehensive advice on repairs. With them on your side, your rights as tenants are better protected.