Getting repairs done

You are expected to occupy the property in a tenant like manner. This means you must do things that a reasonable person would be expected to do, such as:

• Minor upkeep such as changing lightbulbs and batteries in the smoke alarms;
• Keeping the property clean;
• Preventing sinks, shower and toilet from becoming blocked;
• Keeping the property adequately heated and ventilated to prevent damp and mould.

It is your responsibility to inform the landlord of disrepair as soon as possible if a problem arises.

Section 11 of the Landlord and Tenant Act 1985 gives landlords extensive obligations to carry out repairs.

Your landlord is responsible for repairs to the following:

• The structure and exterior of the building, including walls, windows, window frames, ceilings, the roof, the floors, external gutters, external pipes, drains, and the front and back door.
• Gas piping
• Electric wiring
• Sanitary installations, such as baths, basins, sinks and toilets.
• Heating systems or appliances, such as the central heating system, the boiler, radiators and gas fires.
• Water heating systems, such as boiler, immersion heater.

The landlord is responsible for repairs to the above and nothing in your tenancy agreement can alter this. For minor repair problems, such as replacing a fuse or lightbulb, the tenant is usually responsible (see section Rights and responsibilities of an Assured Shorthold Tenancy).

You should notify the landlord, preferably in writing, immediately a problem arises.

Tenants are not responsible for disrepair caused by fair wear and tear or lapse of time, or for damage caused by third parties other than their invited guests.

Any repair must be carried out within a reasonable timeframe.

There are no set rules on what a reasonable time is. Certain repairs can be completed within 24 hours e.g. for burst pipes, damage caused by a break-in that has left the building unsecured, etc. For less urgent repairs a longer period may be reasonable.

If your landlord has refused to carry out repairs, has disputed responsibility, or has already taken more than a reasonable amount of time to do the work, you can adopt the step-by-step approach outlined below:

Step 1

Before tackling your landlord an important point to consider is whether s/he might be able to evict you from the property. If you have a fixed-term agreement your landlord will not be able to make you leave before the fixed-term expires, unless s/he obtains a court order on one of the limited grounds available – such as rent arrears or breach of contract, etc.

If you do not have a fixed-term agreement but instead have agreed simply to pay rent each week or each month on an ongoing basis, your landlord might be able to give you two months’ notice. If you are in any doubt about your right to stay in your accommodation, please seek advice from the Student Advice and Support Service.

Step 2

Contact your landlord/letting agent immediately. If this is by telephone or in person you should follow this up in writing, as it is very important to have a written record of your request, giving full details of the disrepair in question.

You should also collect as much evidence as you can, such as photographs.

Step 3

If the landlord does not respond or disputes responsibility for the repairs or fails to carry out repairs within a reasonable period of time you should consider your options.

The appropriate option may be to:

Contact Environmental Health Officers at your Local Authority

They can inspect your accommodation and require your landlord to carry out repairs. Prior to contacting them you should ensure that you have made a written record of all the problems in the property and your communication so far with the landlord. You should send this to the local authority and keep a copy yourself.

If you live in Loughborough the relevant local authority is Charnwood Borough Council.

Take court action to get the repairs done.

You can apply to the court for an order requiring the landlord to do the work. Your application to the court could also include a claim for compensation. If you are considering this option you should seek advice.

Use the rent to pay for repairs.

There is no legal right to withhold rent but you do have the right to carry out the repairs and recover the costs by deduction from future rent payments provided you follow the process below.

You would need to show that the landlord was responsible for the repairs, that they have failed to carry them out and that your expenditure on the repairs was not extravagant.

You would also be advised to strictly follow a series of steps:

• Notify the landlord in writing that you intend to use the rent to pay for the repairs unless they resolve the problem within a further, reasonable period. If this does not work, then:
• Obtain three estimates from reputable contractors of the costs of the repairs and send copies to the landlord with a ‘final warning’. If this does not work, then:
• Employ (and pay) the cheapest contractor to carry out the repairs and send a copy of the invoice to the landlord with a request that s/he reimburses you your costs. If this does not work, then:

Recoup the costs by deduction from future rent.

Last Updated: 28th September 2023