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.
All the pages checked
- GOV.UK, Guide for tenants: Homes (Fitness for Human Habitation) Act 2018
- Ministry of Justice, Pre-Action Protocol for Housing Conditions Claims (England)
- legislation.gov.uk, Housing Act 2004, section 5
- legislation.gov.uk, Housing Act 2004, section 11
- GOV.UK, Awaab's Law: Guidance for tenants in social housing
- GOV.UK, Private renting: repairs
- GOV.UK, Council housing: repairs and maintenance
- GOV.UK, Housing association homes: standard of your home
- GOV.UK, Council housing: complaints
- GOV.UK, Housing association homes: complaints
- GOV.UK, Legal aid: what you can get legal aid for
- legislation.gov.uk, Landlord and Tenant Act 1985, section 12
- legislation.gov.uk, Landlord and Tenant Act 1985, section 11
- legislation.gov.uk, Landlord and Tenant Act 1985, section 9A
- legislation.gov.uk, Housing (Scotland) Act 2006, section 13
- legislation.gov.uk, Housing (Scotland) Act 2006, section 14
- legislation.gov.uk, Housing (Scotland) Act 2006, section 22
- legislation.gov.uk, Housing (Scotland) Act 2006, section 24
- GOV.UK, Rent Repayment Orders: guidance for tenants
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.
- ✓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.
Where to go next
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.
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