Responsibilities of Landlords and Tenants for Repairs
This guide covers the responsibilities of landlords and tenants for repairs and what tenants can do if landlords do not comply with their legal obligations.
What repairs are landlords legally responsible for?
Landlords are typically responsible for repairing and maintaining the structure and external features of their rental property.
In England and Wales, Section 11 of the Landlord and Tenant Act (1985) sets out the legal responsibilities of landlords and tenants. There is different legislation in Scotland and Northern Ireland, but the responsibilities of landlords are generally the same across the UK.
Landlords are responsible for maintaining or repairing:
- The roof and exterior of the property e.g. walls, gutters, drainpipes, etc.
- Utility supply fixtures and fittings e.g. plumbing and heating, gas pipes, electrical wiring, etc.
- Sanitation installations e.g. sinks, basins and toilets
- The structural integrity of the property, including doors, windows and stairs
- Shared areas e.g. communal lifts, entrance halls, stairs, etc.
- Appliances noted in the tenancy agreement, such as a washing machine or fridge freezer
- Damage caused when making repairs to any of the above.
Landlords are not responsible for:
- Fixing anything that the tenant is responsible for maintaining (unless this is otherwise agreed)
- Restoring the property in the event of a natural disaster or unavoidable accident
- Maintaining anything that the tenant is allowed to take with them when they leave the rental accommodation.
Landlords should pay for the repairs they are legally responsible for. However, a landlord can charge a tenant if they have damaged or not maintained something they should have. For example, a landlord would typically be responsible for maintaining drains. If a blockage is caused by the tenant flushing something they shouldn’t have, the landlord could take the repair cost from the tenant’s deposit or request payment.
Health and safety responsibilities
By law, rented properties in the UK must be fit for human habitation. This means that landlords must ensure that their property won’t cause short- or long-term health problems and is safe and hygienic for the people living there and their neighbours.
Common environmental health hazards include fire risks, damp and mould, poor lighting and lack of heating. If a tenant believes their landlord is not providing a safe home and the landlord is not making the expected repairs or changes, they can contact their local authority (or the Housing and Property Chamber in Scotland) for further investigation.
Landlords must conduct safety checks and make relevant repairs or renovations to resolve issues. Examples of health and safety issues that may require repairs:
- gas or electrical hazards
- damp and mould or water damage
- ongoing pest problems
- Legionella in the water supply
- smoke or carbon monoxide alarms not working
- inaccessible fire escape routes
- damage to provided fire-resistant furnishings.
What are tenants’ responsibilities for repairs?
Tenants are responsible for repairing damage to their own belongings and any damage to the property or landlord’s belongings that they or their guests have caused.
Tenants are also responsible for:
- Keeping the property clean and tidy, including outside areas if this is included in the tenancy agreement
- Doing general maintenance, such as changing light bulbs or batteries as required
- Maintaining furnishings and appliances supplied by the landlord, such as a fridge, freezer, oven and washing machine
- Keeping the property ventilated
- Getting permission to make any changes to the property, such as repainting walls or adding new wall fittings.
How long does a landlord have to complete repairs?
Landlords should complete property repairs in a ‘reasonable’ time. Unfortunately, there is no definitive guidance to say what a reasonable timeframe is – it is mainly left to common sense. For example, if a central heating system breaks in the middle of winter or a burst pipe floods the tenant’s living area then a reasonable response time would be the same day or as soon as possible.
A landlord can only repair problems that they are aware of, which means that the tenant must tell them about issues promptly. Ideally, this should be in writing. The two parties should then agree on a suitable timeframe for the issue to be fixed. The landlord should keep the tenant up to date if timescales change.
To protect tenants’ rights, landlords cannot enter their property without prior notice to the tenant. The exception to this is if there is an emergency, such as a fire or flood, and action is urgently needed.
What happens if a landlord refuses to make repairs?
If a landlord refuses to repair something they are responsible for, the tenant should contact their letting agent (if they haven’t already done so) or local councillor for support.
Tenants should not withhold rent. If the landlord doesn’t reply or act after multiple written notices, the tenant can get a few estimates for the work. However, they should send the quotes to the landlord and provide time to respond before moving ahead with any repairs.
If the tenant does end up paying for the repairs, they can take the cost from their rental payment – but this must cover only the cost of repair and only after the landlord has been enough opportunity to arrange the work themselves.
Alternatively, tenants can apply for a court order.
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