If there's a problem with your accommodation, you should first check your agreement (whether a licence or tenancy) to see who is responsible for what. Both you and the landlord will have some responsibilities for repairs and this should be included in your contract.
If you have an assured shorthold tenancy agreement, your landlord is responsible for most repair work because the law, section 11 of the Landlord and Tenant Act 1985, implies that a landlord must carry out certain repairs even if the agreement is not in writing.
It means that your landlord is responsible for repairing:
- the structure and exterior of your home, for example, the walls, roof, foundations, drains, guttering and external pipes, windows and external doors
- basins, sinks, baths, toilets and their pipework
- water and gas pipes, electrical wiring, water tanks, boilers, radiators, gas fires, fitted electric fires or fitted heaters.
The landlord is responsible for keeping in working order all gas and water pipes, electrical wiring, boilers, water tanks, radiators but not washing machines, electric heaters etc. These may be covered separately in your tenancy agreement but not under section 11. The landlord has to put right something that has gone wrong or is damaged and does not work as it should.
This does not apply to licences or lodger agreements.
Your agreement might include extra responsibilities for the landlord. For example, the agreement could say that the landlord is responsible for repairing appliances, such as a microwave or fridge.
The landlord is not generally responsible for internal decoration. This means for example the paint or a mirror on the wall. If these decorations are damaged by disrepair to something which the landlord is responsible for, the landlord may need to sort it out. For example, if damp from a damaged external wall has led to damp/mould on an inside wall, it can be argued that the landlord is responsible under section 11.
Homes (Fitness for Human Habitation) Act 2018
This only applies to tenancy agreements.
This law ensures that rented houses and flats are "fit for human habitation", which means that they must be safe, healthy and free from things that could cause serious harm. A home is only unfit if the problems in the property make it unsuitable to live there.
Examples of things that make a home unfit include:
- gas safety risks
- unsafe electrics
- fire safety issues
- damp or lack of heating
- rats, mice or other pests
- structural or internal disrepair
- unsanitary toilets, bathrooms or kitchens
If you think that your home is unfit, check out the UK Government's Guide for tenants: Homes (Fitness for Human Habitation) Act 2018 for how to use the Homes Act.
It's important to note that there may be times when the landlord does not have to resolve these matters. For example, a landlord is not liable for a pest infestation if it is caused by a tenant not keeping a property clean, or a landlord is not required to repair or maintain anything of the tenant's own appliances.
How quickly does a landlord have to do repairs?
A landlord should fix problems in your rented property within a reasonable time from when you tell them about the problem. The law does not say how long a reasonable time is, it depends on how serious or urgent the problem is. For example, a broken boiler should be fixed sooner than a leaky tap.
I have a licence agreement, who is responsible for repairs?
There is no implied obligation for the landlord to keep the property in habitable condition or in good repair.
If you have a licence and you live in student accommodation (either owned by a University or a private company), your agreement will likely tell you what the landlord will repair.
You are responsible for looking after your home, reporting repairs or damp and allow the landlord or contractors to inspect the property or to carry out repairs.
You should also check your agreement to see what repairs you are responsible for. You will likely be responsible for:
- changing light bulbs
- testing smoke alarms periodically, and changing the batteries if required
- keeping the property (and garden, if thee is one) clean and in good working order
If you or your guests damage anything in the property, you are expected to fix it and if you don't, any costs to put right the damage may be taken from your deposit.
These are some steps to take if your landlord isn't sorting out a problem when you think they should be:
- Put the details of the necessary repair IN WRITING and dated (email or letter) and keep a copy. You can add any evidence, for example photos or a letter from a doctor if it is affecting your health. (The landlord’s legal obligation to repair under section 11 doesn't start until they are notified of the disrepair.).
- The landlord must then be given a reasonable time to carry out the repair. There is no definition of reasonable and it depends on the problem, but common sense is a good guide.
- If the landlord does not do the repair within a reasonable time, you need to write again, explaining their obligations under section 11 of the Landlord and Tenant Act 1985 and/or the tenancy agreement and asking for immediate action. If you are unsure if they got the original letter, you should send it recorded delivery.
- If the landlord still fails to do the repairs, you will need specialist help.
If you are unsure what to do or want some advice about your next steps, please contact us and we will discuss possible options with you.
Generally, the two main options available are:
- to use the rent to pay for repairs
- take court action
It is not advisable to withhold rent payments without taking specialist advice. There is a procedure which must be followed if you are considering doing this and it is a risky course of action, which should only be considered as a last resort, as should court action, which is expensive and time-consuming.
If an agent is involved, are they managing the property and responsible for arranging the repairs? Or is the landlord responsible? You will also need to be sure that both the landlord and agent have copies of all letters.