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. However, your licence agreement might detail what the landlord will repair and their obligations to make sure the property is fit for habitation.
If you're not sure what kind of agreement you have, seek further advice from our Advice Service.
You are responsible for looking after your home, reporting repairs or damp and allowing 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
- Reporting repairs issues to the landlord or managing agent
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.
If you notice an issue with the property and you think it's the landlord's responsibility to fix, here are your next steps:
Report it
Put the details of the necessary repair IN WRITING - such as an email. Your agreement should tell you how to report repairs and who to. If you report something by telephone or in person, follow-up with an email to confirm what your discussed.
Your report should focus on relevant details:
- What has stopped working?
- When did it stop working?
- Is it affecting anything else in the flat?
You can also add any evidence, for example photos of the problem and any damage to your belongings, 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, so it is important that you tell them about any issues.
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.
Take a look at Shelter England for their template letters to use when you need to contact your landlord How to report repairs to a private landlord
Follow-up
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.
Speak to your council
If your landlord does not respond or fix the problem, or they delay repairs unreasonably, then you could contact your local council and find the department who deals with private rented accommodation. They might help get your landlord to do the repairs or refer you to your council's environmental health team and inspect the property. Read Shelter England's guidance on What to do if your private landlord won’t do repairs
- Can I move out if the problems don't get fixed?
Not unless your agreement says you can.
If you have a fixed term tenancy, check your agreement to see if it includes a 'break clause'. This is where you (or your landlord) can end your tenancy early by giving notice.
If you don't have a break clause, speak to your landlord about why you want to leave. They might agree to end your tenancy early (known as a 'surrender'), but they don't have to agree to this. If they don't agree, you'll have to pay rent until your tenancy ends, even if you move out of the property.
Take a look at Shelter England's advice on how to end your tenancy by negotiating with your landlord- Can I stop paying rent?
You don't have the right to withhold rent, even if your landlord fails to do repairs, and your landlord could evict you if you withhold rent.
- Can my landlord evict me if I complain or report repairs?
Sometimes a private landlord may try to evict a tenant if they ask for repairs or complain about the housing conditions. This is known as 'revenge eviction'. However, a landlord cannot end a tenancy by serving a section 21 notice during the fixed term.
You find out more by reading Shelter England's guidance on Revenge eviction if you ask for repairs- Can I do the repairs myself?
This is very risky because you are responsible for the quality and any defects in the repair work, even if you pay a contractor. The landlord might not reimburse you for any money that you have spent.
- Can I tell the landlord how to fix a problem?
No, the landlord may choose to do the repair in whichever way they choose as long as the repair is effective. You cannot specify, for example, that a window should be replaced rather than repaired, if repairing it is effective.
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.