Repairs
Who is responsible for carrying out repairs?
No matter what is written in your tenancy agreement (or even if you do not have a written agreement) the law provides that your landlord has a duty to repair the structure, exterior and installations of the property.
What does this include?
This includes a duty on your landlord to repair leaking roofs, faulty electrics, rotten floor boards or window frames, repairs to walls, doors and ceilings, broken toilets, sinks, baths, mouldy walls etc.
What should I do if I discover repairs that need doing?
If you have not already signed your tenancy agreement you can try to get a specific repair included in the contract (standard documents have a space at the end where you can insert additional terms).
If the landlord fails to then carry out the repair as agreed he/she will be in breach of contract.
If you have already signed your tenancy agreement and discover repairs that need to be carried out you should first put the matter in writing , requesting that your landlord take action to remedy the problem.
Do not assume that your landlord knows about the disrepair.
What if the landlord refuses or simply does not reply?
If your landlord does not carry out the repairs within a reasonable time of being notified there are a number of things you can do.
At this stage it may be helpful to seek advice from one of the housing advisers in the [Advice Centre|/main/support/advicecentre] , room E297 or from some other advice agency such as a CAB or Law Centre.
The type of action you adopt may well depend on what sort of tenancy agreement you have and whether it would be relatively easy for your landlord to evict you, or whether you are looking to renew your contract after the initial fixed term expires.
If you are unsure as to what type of tenancy agreement you have see one of the housing advisers in the Advice Centre.
What are my options?
In some instances a second letter requesting that the repair be carried out within a stated date (i.e. 14 days) and reminding your landlord of his legal duties may prove successful.
Make an appointment to see one of the housing advisers in the Advice Centre who will look at your case and, if appropriate, write a letter on your behalf.
Can I do the repairs myself and deduct the cost from my rent?
If you are thinking of trying this tactic always seek advice first!
You must take the following preliminary steps:
- Inform the landlord of your intention to take this form of action if repairs are not carried out within a stated time.
- Allow a reasonable time for your landlord to comply with his or her repair obligations.
- Obtain 3 estimates for the cost of carrying out the repair and submit these to the landlord with a final warning. (remember to keep copies)
- Agree with the lowest tender to have the work carried out.
- Submit a copy of the contractor's invoice to the landlord and request reimbursement.
- If your landlord does not respond, recoup the cost by deduction from future rent.
Note: - you can only recover money for the actual repair
- this procedure is intended for minor repairs only
- you will be responsible for any negligent workmanship or damage to the property while the work is being carried out.
Getting help from the local council
In some instances of disrepair your local Environmental Health Office may take action against your landlord on your behalf.
You can contact an Environmental Health Office by ringing the local council switchboard.
The Environmental Health Office is under a duty to take action when your housing conditions constitute a health risk (this will include severe damp or condensation, faulty electrics or gas appliances, broken staircases, missing floorboards or falling plaster work.)
The Environmental Health Officer has the power to serve an "abatement" notice to make your landlord carry out repair work such as this.
Can I take my own legal action?
If you have given your landlord notice of the repair work needed and after a reasonable time the work has still not been done, you can start a claim in the local county court.
You should seek legal advice before doing this. A solicitor, Law Centre or Housing Adviser can advise you as to the merits of your claim.
If you choose to take legal action it is important that you start collecting evidence of the disrepair as early as possible (e.g. all letters, photographs of the disrepair, receipts of any costs incurred, medical reports where relevant etc)
The County Court can order the repair to be done and/or award compensation for the problems the disrepair caused you.
Can I refuse to pay my rent until the landlord carries out the repairs?
There is no right in law to simply withhold your rent in protest at your landlord's failure to carry out repairs.
To do so risks running up rent arrears and the landlord may be granted a possession order by the court as a result.
While it may be possible to defend possession proceedings on the ground of the landlord's failure to carry out repairs there is no guarantee that this defence will work and you run the risk of losing your home altogether.
In certain cases it may be possible to come to an agreement with your landlord as to a rent reduction until the repairs are carried out; or to agree a future rent reduction proportionate to the inconvenience incurred while the repairs remained outstanding.
However, any reduction must be agreed with your landlord. You do not have this remedy as of right. If you withhold rent without the consent of your landlord, you run the risk of being evicted on the ground of rent arrears (see above).
