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Housing Repairs: What Your Landlord Must Fix

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Checked against GOV.UK, the Ministry of Justice and legislation.gov.uk. Edited by Steven Butler.

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Your landlord must fix problems in your home, but you need to tell them so that they can. In England and Wales, section 11 of the Landlord and Tenant Act 1985 implies a covenant by your landlord to keep in repair the structure and exterior of the home and the installations for water, gas, electricity, sanitation, space heating and heating water. In Scotland, the landlord must ensure the house meets the repairing standard at the start of the tenancy and at all times during it.

Key points
  • ✓A private landlord in England is always responsible for repairs to the property's structure and exterior, heating and hot water, gas appliances, electrical wiring and sanitary fittings, among other things.
  • ✓You should make your request for the problem to be fixed in writing if possible, which includes email or text provided you keep them as evidence.
  • ✓Your landlord has a duty to repair any problems in your home in a reasonable amount of time, which depends on what the problem is and how serious it is.
  • ✓If repairs are not done, you can contact the environmental health department at your local council, and it must take action if it thinks the problems could harm you or cause a nuisance to others.
  • ✓Keep a copy of the letter and any reply you get.

What landlords are legally required to repair

In England and Wales, section 11 of the Landlord and Tenant Act 1985 implies a covenant by your landlord to keep in repair the structure and exterior of the home, including drains, gutters and external pipes, and to keep in repair and proper working order the installations for the supply of water, gas and electricity and for sanitation, and for space heating and heating water. A term in a lease or a collateral agreement is void in so far as it purports to exclude or limit the landlord's obligations under that section, unless the county court authorised the term.

In England, a private landlord is always responsible for repairs to:

  • Yes: The property's structure and exterior
  • Yes: Fire safety issues
  • Yes: Basins, sinks, baths and other sanitary fittings including pipes and drains
  • Yes: Heating and hot water
  • Yes: Gas appliances, pipes, flues and ventilation
  • Yes: Electrical wiring
  • Yes: Any damage they cause by attempting repairs

Your private landlord is usually responsible for repairing common areas, for example staircases in blocks of flats. Check your tenancy agreement if you are unsure. In England, section 9A of the 1985 Act also implies a covenant by your landlord that the home is fit for human habitation at the start of the term and will remain fit during the term of the lease.

If you rent from a council, your council is responsible for making sure the structure of your property is kept in good condition, including the walls, ceiling, roof and windows, that gas and electricity appliances work safely, and that shared parts of a building or housing estate are kept in good condition. A housing association landlord has to make sure your home is safe and free from category 1 hazards, in a reasonable state of repair, equipped with reasonably modern facilities and warm enough.

Your landlord is responsible for fixing a lot of problems in your home. There are some exceptions:

  • No: If you or another tenant have behaved irresponsibly or illegally, the landlord may not have to fix any problems caused by your behaviour
  • No: Events like fires, storms and floods which are completely beyond the landlord's control
  • No: The landlord will not repair your possessions or furniture belonging to previous tenants
  • No: When the landlord has not been able to get permission to do work from people like the owners of a building that has flats in it, or the local council if planning permission is needed

Under section 11(2), the landlord's repairing covenant does not require the landlord to carry out works or repairs for which you are liable because of your duty to use the premises in a tenant-like manner.

In Scotland, a house meets the repairing standard if it is wind and water tight and in all other respects reasonably fit for human habitation; the structure and exterior, including drains, gutters and external pipes, are in a reasonable state of repair and in proper working order; the installations for the supply of water, gas, electricity and any other fuel and for sanitation, space heating by a fixed heating system and heating water are in a reasonable state of repair and in proper working order; fixtures, fittings and appliances provided by the landlord are in a reasonable state of repair and in proper working order; furnishings provided by the landlord are capable of being used safely; and the house meets the tolerable standard. There are different housing standards and procedures in Scotland and in Northern Ireland.

Reporting repairs, do it in writing

You should make a request for the problem to be fixed, in writing if possible, to your landlord. This includes by email or text, provided you keep them as evidence. If you have a letting agent, send the letter or email to them too. Keep a copy of the letter and any reply you get. Do this straight away for faults that could damage health.

1
Report the repair in writing
Make a request for the problem to be fixed, in writing if possible, including by email or text provided you keep them as evidence. If you have a letting agent, send the letter or email to them too.
2
Allow reasonable time to respond
Your landlord has a duty to repair any problems in your home in a reasonable amount of time. This amount of time will depend on what the problem is and how serious it is. Your landlord should tell you when you can expect the repairs to be done.
3
Keep copies and evidence
Evidence can include a copy of letters or emails you sent to your landlord or letting agent and local council about the repairs, photographs of the problems, a copy of your tenancy agreement or proof you are paying rent, and a report from any experts you have paid to look at the problem.
4
In Scotland, notify your landlord first
The landlord's duty during the tenancy applies only where you notify the landlord, or the landlord otherwise becomes aware, that work requires to be carried out, and the landlord complies only if the work is completed within a reasonable time. No application to the First-tier Tribunal may be made unless the person applying has notified the landlord that work requires to be carried out.
You should pay the agreed rent, even if repairs are needed or you are in dispute with your landlord. You should carry on paying rent while you are waiting for the repairs.

What to do when the landlord ignores you

1
Environmental Health
Contact the environmental health department at your local council for help. They must take action if they think the problems could harm you or cause a nuisance to others. If you think your home is unsafe, contact the housing department at your local council. They will do a Housing Health and Safety Rating System assessment and must take action if they think your home has serious health and safety hazards. Under the Housing Act 2004, if a local housing authority considers that a category 1 hazard exists on residential premises, it must take the appropriate enforcement action, and serving an improvement notice is one course of action available.
2
First-tier Tribunal (Scotland)
In Scotland, a tenant may apply to the First-tier Tribunal for determination of whether the landlord has failed to comply with the repairing duty. No application may be made where the landlord is a local authority landlord or a registered social landlord. If the Tribunal decides the landlord has failed to comply, it must make a repairing standard enforcement order requiring the landlord to carry out the work necessary. The order must specify the period for the work, which must not be less than 21 days.
3
Rent repayment order
You can apply for a rent repayment order if you think you can prove your landlord has committed one of the listed offences, such as failure to comply with an improvement notice or prohibition order. The maximum you can apply for is two years' worth of rent you have paid. You cannot apply for any rent paid through Housing Benefit or Universal Credit, but your council can apply for an order for that rent.
4
Court
If rented houses and flats are not fit for human habitation, tenants can take their landlords to court. The court can make the landlord carry out repairs or put right health and safety problems, and can also make the landlord pay compensation to the tenant. If you go to court, you will need to show that you tried to sort out the problem with your landlord first.
5
Complain
Complain to your council or housing association, and contact the Housing Ombudsman if you and your landlord cannot resolve the problem.

If you are worried that your landlord will evict you when you complain or try to take them to court, you should contact your local council as soon as possible and explain the situation. You do not have to wait for your local council to take action. You might be able to get legal aid for problems like homelessness, eviction, losing your home, or serious disrepair.

The formal letter, why it matters

You should make a request for the problem to be fixed, in writing if possible, and keep a copy of the letter and any reply you get. If you go to court, you will need to show that you tried to sort out the problem with your landlord first.

For housing conditions claims, the pre-action protocol says the tenant should send the landlord a letter of claim at the earliest reasonable opportunity. The landlord should normally reply within 20 working days of receipt, and receipt is deemed to have taken place two days after the date of the letter.

Where to go next

Housing
Housing Disrepair Claims
How to claim compensation if your landlord fails to repair your home.
Damp and Mould
Your rights as a tenant when a landlord won't fix damp or mould.
Social Housing
Rights for council and housing association tenants, including repairs.
Eviction
What happens if your landlord moves to evict you.

Frequently asked questions

Can I withhold rent until my landlord does the repairs?

You should pay the agreed rent, even if repairs are needed or you are in dispute with your landlord. If repairs are not done, you can contact the environmental health department at your local council, and it must take action if it thinks the problems could harm you or cause a nuisance to others. You can also complain to your council or housing association and contact the Housing Ombudsman if you and your landlord cannot resolve the problem.

What can I do if my landlord ignores my repair requests?

Make your request in writing if possible, keep a copy of the letter and any reply you get, and if you have a letting agent send it to them too. Contact the environmental health department at your local council for help. If your home is not fit for human habitation, you can take your landlord to court, and the court can make the landlord carry out repairs and pay compensation. You can also apply for a rent repayment order if you can prove your landlord has committed one of the listed offences.

How long does a landlord have to fix a repair?

Your landlord has a duty to repair any problems in your home in a reasonable amount of time. This amount of time will depend on what the problem is and how serious it is. Under Awaab's Law, social landlords in England must investigate and make safe emergency hazards within 24 hours, and investigate significant damp and mould hazards within 10 working days of being reported and make them safe within 5 working days of the investigation finishing.

Who is responsible for repairs in a council or housing association home?

Your council is responsible for making sure the structure of your property is kept in good condition, including the walls, ceiling, roof and windows, that gas and electricity appliances work safely, and that shared parts of a building or housing estate are kept in good condition. A housing association landlord has to make sure your home is safe and free from category 1 hazards, in a reasonable state of repair, equipped with reasonably modern facilities and warm enough.

Related guides

Deposits
Property condition disputes at the end of a tenancy.
Landlord Entry Rights
When your landlord can enter your home, including to carry out repairs.
Disabled Facilities Grant
Council grants towards changes to your home if you are disabled.
All Housing Guides
Renting, repairs, ownership and eviction guides in one place.
Awaab's Law
Awaab's Law forces landlords to fix damp and mould to strict deadlines. See the timeframes, how to report a problem...
Renters' Rights Act Information Sheet
The official Renters' Rights Act Information Sheet: what it covers, and how landlords must serve it correctly

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Know Your Rights UK. "Housing Repairs: What Your Landlord Must Fix." Know Your Rights UK, https://www.knowyourrightsuk.com/housing/repairs