How Long do Landlords have to Fix Housing Disrepair?

At Housing Disrepair Experts, we understand that landlords bear the primary responsibility for maintaining the structure and exterior of rental properties, providing a secure living environment, and ensuring the availability of hot water, heating, as well as electrical and gas safety.

This blog provides an overview of the key aspects of repairing obligations for landlords and tenants, including the specific responsibilities outlined in Section 11 of the Landlord and Tenant Act 1985, exceptions to the Act, and the importance of a clear tenancy agreement.

When making rent payments to a private landlord, you'll most likely have an assured short hold tenancy. This agreement outlines the rights and responsibilities of both landlords and tenants concerning the tenancy.

Landlord's responsibility in Law for Repairs and Maintenance

In simple terms, landlords are legally responsible for repairs and maintenance of their property, unless the tenant caused the damage. They must take care of the building's structure, exterior, and essential installations for water, gas, electricity, and sanitation. They also need to ensure heating systems work properly.

Landlords are not required to fix things tenants can take with them or repair damage from natural disasters. They also don't need to handle repairs that tenants should do themselves.

The law protects tenants, and any agreement that changes these rules is not valid. If you signed a tenancy agreement saying you're responsible for things the landlord should handle, you should seek legal help, as that agreement is unlawful.

Landlord's Responsibilities concerning Repairs in a Rental Property

Upon entering a rental agreement under the tenant act, tenants have the right to a property that is suitable for habitation. This entails access to basic utilities such as electricity, gas, and water, as well as functional sanitation facilities like toilets, bathrooms, and sinks.

The property must be structurally secure and safe for occupancy (we will explore these aspects further below). Landlords are responsible for maintaining the property in good working condition, as it was when the tenant moved in. If the property does not meet these standards during the leasing process, the owner must address the issues with the utmost priority.

Scheduling non-essential repairs after the move-in date is acceptable. However, it is crucial to ensure that the property is free of all hazards before anyone occupies it. Dangers such as faulty electrical wiring, gas leaks, or unstable support structures pose threats to human lives, and landlords can be held criminally liable if they allow tenants to live in such conditions.

It is important to note that under landlord's responsibilities they are only required to maintain systems and structures in proper working order. They are not obligated to upgrade any part of the property or enhance it for the benefit of their tenants. Although such improvements can be negotiated in the tenancy agreement, they are not mandated by law.

Landlords must repair and maintain basic utility systems

A property must offer essential utilities to be considered habitable. Property owners are responsible for providing well-functioning installations for:

Electricity

Landlords are required to supply functional and secure fixed electrical installations, which may encompass:

• Wiring circuits
• Switches
• Sockets
• Light fittings
• Circuit boards

Frequent inspections should be conducted to ensure that electrical wiring remains in good working condition. If any tenant reports issues, they must be addressed with high priority, as safety is vital for tenants.

If the landlord provides electrical appliances, it is their responsibility to ensure they are operational. These appliances may include:

• Refrigerators
• Washing machines
• Dryers
• TV and audio systems
• Electric cookers
• Kettles
• Toasters

However, landlords are not responsible for maintaining any electrical appliances owned by the tenant in a similar way to their own furniture. The upkeep of such appliances falls under the tenant's discretion as do any repair costs.

Gas

Gas safety is of utmost importance in rented properties. All gas appliances, fittings, installations, gas pipes, hot water gas appliances and flues must be maintained in excellent working condition. This requirement applies to both communal and private areas, irrespective of tenant access or assumed tenant's responsibility.

Landlords are obligated to schedule an annual safety check conducted by a Gas Safe registered engineer. They must obtain a safety certificate or make necessary improvements before renting out the property. This certificate must be provided to every tenant before they move in and retained for a minimum of two years.

It is strictly prohibited for anyone to knowingly use unsafe gas equipment. Always treat safety with the highest priority! Make sure to request the gas safety certificate before renting a property. If a landlord fails in this area then the consequences could be fatal.

Water

Landlords are required to supply facilities with running water. This includes:

• Basins
• Sinks
• Bathtubs
• Showers
• Water tanks
• Cisterns
• External pipes

Additionally, this covers their corresponding plumbing systems, pipes, drains, and sewage and sanitary fittings. Water systems and facilities must be maintained in good condition throughout the rental period. Leaks should be addressed by a professional, initiated by the landlord. Minor repairs, such as unclogging blocked drains, can be performed by the tenant if they have the capability to do so.

Heating and Hot Water Systems

Landlords are required to maintain and repair heating and hot water installations, ensuring they are in proper working order. Gas boilers and heaters must undergo an annual inspection by a certified Gas Safe engineer.

Electrical boilers and heaters should be inspected at least every five years. Generally, tenants are not responsible for maintenance, other than reporting any malfunctions - landlords should make any necessary repairs.

Sanitation

Rental properties must always have well-functioning sanitation facilities, such as toilets and bathrooms. Access to a working toilet is undeniably essential. Blocked drains are the most common issue, which can usually be resolved by tenants themselves. However, if more serious plumbing problems arise, landlords must prioritise and arrange for repairs.

Fire and Smoke Alarms

Landlords are required to install and maintain working fire, smoke, and CO2 alarms on every level of their property. Tenants should regularly check and replace batteries as needed. If an alarm continues to malfunction, the landlord should be notified and asked to address the issue.

Landlords must Repair and Maintain the Structure and Exterior of the Property

Roof and Guttering

Landlords must ensure their rental properties have well-maintained roofs. There should be no leaks or dampness seeping through the tiles. Loose tiles should be secured to prevent accidents. Guttering should be regularly inspected and cleared of leaves, sticks, and other debris. Blocked gutters can cause water damage to exterior walls. Rain gutters should be properly connected without any water leaks from the seams.

Damp and mould are common issues in the UK and should be addressed proactively as failure could lead to safety hazards and reports being made to the local authority.

Drains and Exterior Pipes

Outflow drains and pipes should be inspected and maintained to prevent wastewater spillage on the property.

Exterior Walls and Foundations

Walls and foundations should be checked for cracks and deformations. Addressing these issues promptly is essential, as they tend to worsen over time. The landlord is fully responsible for fixing problems with the structural repairs and load-bearing elements of the property.

Interior Walls, Ceilings, and Floors

Tears, cracks, and holes in these areas should be addressed before tenants move in. Depending on the tenancy agreement, tenants may be responsible for decoration or repainting at the end of the tenancy. This should be negotiated and agreed upon at the outset

Any damage to the interior (including mould) caused by issues in areas the landlord is responsible for maintaining also becomes their responsibility.

Windows and Doors

Windows and doors, especially exterior ones, should close properly and seal tightly. Landlords are obligated to address:

• Squeaky hinges
• Worn-out sealants
• Malfunctioning handles and locks
• Rotted window frames
• Broken glass

Some of these repairs may be simple enough for the tenant to handle. Coordinate with the landlord to prevent conflicts.

Tenancy Agreement regarding repairs in a rented property

Tenants also have significant responsibilities regarding the maintenance and care of their rented property. They must use the provided facilities and equipment properly and take care of daily upkeep.

Tenant's responsibilities are to:

• Use the property and its facilities responsibly
• Ventilate the property adequately
• Control and maintain appropriate heating levels
• Use electrical facilities and appliances properly, adhering to electrical safety practices (manuals should be provided)
• Use gas facilities and appliances correctly, following gas safety practices (manuals should be provided)
• Clean and tidy the property daily or in a reasonable time (including appliances, surfaces, and furniture)
• Protect the property from damage to the best extent possible
• Handle potentially harmful substances, burning or cutting objects, and other hazards safely
• Comply with rules regarding pets and smoking
• Maintain drains and faucets
• Do not conduct any negligent behaviour, things like overflowing bath can be avoided for example.

The guiding principle is to treat the rented property even better than one's own home. Although it is not their property, tenants should always strive to use it with the best intentions in mind.

Tenants have a legal obligation to report any damages to the property

Very important in the case of faulty electrical wiring

This encompasses newly discovered damage and potential risks that may arise. Tenants should promptly report any damages to the landlord to ensure swift resolution of the issues.

Landlords are legally obligated to repair and maintain only the issues reported by tenants or discovered during routine inspections. They cannot be held responsible for damages or disrepair that has not been reported by the renter.

Therefore, tenants should report repair needs in writing (letters, emails, or even text messages) to create evidence and timestamp the communication. Best communication method is often laid out in the tenancy agreement.

Any damage caused by the tenant, resulting from their failure to report it, or occurring due to their actions (or their visitors' actions) is NOT the landlord's responsibility and they should make good repair.

The tenant's tenancy deposit in an assured shorthold tenancy will cover the cost of repairs at the end of the tenancy. If the deposit is insufficient, the landlord may seek financial compensation through legal channels.

Upon receiving a repair notice, landlords should respond promptly, either acknowledging and agreeing to carry out the work or attributing the damage to the tenant. In the latter case, the tenant must seek permission to arrange and carry out the repairs themselves.

In the case of a property management agent or letting agent general maintenance liability falls to them as they are responsible.

Tenants must allow a reasonable timeframe for repairs

Since there is no specified timeframe for this process, tenants must allow a reasonable period for the arrangements to occur under their tenant's responsibilities. Non-essential repairs might take a few days to a few weeks, while urgent repairs should be prioritised for the tenant's well-being and to mitigate potential hazards.

Tenants must grant property access

Once the landlord has organised the service, they must contact the tenant to request access for the repairs. Tenants can restrict entry to the property at their discretion (with exceptions). Landlords must respect tenants' privacy and rights to quiet enjoyment, working with them to find a suitable time for repairmen to enter and complete the work. Tenants must approve and allow access; otherwise, the landlord may be guilty of trespassing.

Disruption of normal life

If repair work is extensive and disrupts the property's normal use, the tenant may be eligible for rent reduction. For example, if a bathroom leak requires significant work, rendering the facility unusable for a week, the tenant can claim rent reduction.

If repairs are highly disruptive or pose potential health hazards, making the property unfit for occupation, tenants may need to find alternative accommodations. If the tenancy is still within its fixed period, the landlord must provide or pay for alternative accommodations. If the fixed period has expired, the tenant may be asked to leave. If the tenant refuses, eviction proceedings can be initiated. Since October 1st, regulations regarding retaliatory evictions and harassment have been updated in the Landlord and Tenant Act and reflected in the tenancy agreement. Landlords must present valid reasons for tenant eviction in court and apply for a possession order.