Is My Landlord Responsible For Doing Repairs?

Knowing who is responsible for repairs in a rental property is essential, but luckily, strong protections are in place in the UK to ensure properties remain safe and habitable. This guide breaks down landlord and tenant responsibilities for repairs to rental properties and what to do if repairs aren’t addressed.

Who Is Responsible for Repairs in a Rental Property?

In the UK, landlords are legally required to maintain the structure and exterior of the building, including appearance. They are also responsible to keep in working repair essential installation systems like heating, plumbing, and electricity. Landlords are responsible for remedying any hazards in the property that risk personal safety and/or damage the property.

On the other hand, tenants are responsible for daily maintenance tasks, like keeping the property clean, changing light bulbs, and quickly letting the landlord know about any problems. 

The tenancy agreement may also detail other specific responsibilities for both landlords and tenants.

What Repairs Is My Landlord Responsible For?

Landlord responsibilities are governed by the Landlord and Tenant Act 1985 and the Defective Premises Act 1972. Under these acts, landlords are legally required to ensure their rental properties are safe, livable, and well-maintained.

Here are the main areas that landlords need to pay attention to:

• Structure and Exterior: Fixing walls, roofs, windows, doors, outdoor guttering and piping and other important parts of the building.
• Heating and Hot Water Systems: Ensure boilers, radiators, and water heaters are working properly.
• Plumbing and Sanitation: Addressing problems with sinks, bathtubs, toilets, and drainage systems.
• Electrical Safety: Ensuring that wiring, outlets, light fixtures, and appliances provided by the landlord are safe and functioning.
• Gas Safety: Servicing gas appliances, checking that gas pipes are secure, and providing a yearly gas safety certificate.
• Fire Safety: Making sure smoke alarms and carbon monoxide detectors are installed and functioning as required by law.

Landlord Repairs in HMOs and Flats

For Houses in Multiple Occupation (HMOs) and flats, landlords will also have to maintain shared spaces like kitchens, bathrooms, hallways, and common areas such as stairways and entrances. Under the Management of Houses in Multiple Occupancy Regulations 2006, this includes maintaining appliances within these communal areas. 

Landlords have a duty of care to ensure that tenants/visitors are reasonably safe in using the building. Landlords need to look after outdoor structures and fix any building-wide problems like leaks or damage in flats. This duty of care also extends to the additional fire safety rules applicable to HMOs.

What Repairs Are Tenants Responsible For?

Tenants are responsible for taking care of the rental property in a “tenant-like manner” and keeping it in good shape. This includes basic minor repairs and maintenance tasks like changing light bulbs, replacing fuses, or changing batteries in smoke alarms if the landlord provides them, cleaning windows and unblocking the sink. They must also keep the property clean to avoid problems like mould from poor ventilation, primarily taking reasonable steps to prevent damage and keep the property in good repair.

In many situations, tenants must also take care of outdoor areas, such as mowing the lawn or trimming the bushes, unless the tenancy agreement says otherwise. 

Tenants are also responsible for fixing any damage they, their guests, or their pets cause, as long as it goes beyond regular wear and tear and would be reasonable steps to take in maintenance.

Reporting Repairs to My Landlord

If repairs are needed, tenants should notify their landlord as soon as possible, in case the disrepair leads to further subsequent damage. It’s best to communicate in writing, such as through an email or a letter, detailing the problem, ideally attaching photos or videos to help clarify the issue so that the landlord can arrange the necessary steps for repair.

Before getting in touch, tenants should check your tenancy agreement to determine who is responsible for the relevant repair and if there are any specific steps the tenant is obliged to follow. After reporting the problem, the landlord should work with the tenant to arrange access for inspections or repairs.

If the landlord doesn’t respond or takes too long to fix the issue, the tenant can escalate the matter by contacting their local council’s Environmental Health department, which can ensure the property is safe and livable. This is particularly important where there are issues with water ingress and mould which could potentially risk the health of the tenants. 

How Long Should a Landlord Take To Do Repairs?

The time a landlord should take to make repairs depends on how urgent the issue is. Some deadlines are set by law, and others are based on common practices.

Landlords are expected to respond immediately to urgent problems that affect safety or livability, like gas leaks, electrical issues, or lack of heating in winter. For example, keeping gas systems safe is required by law under the Gas Safety (Installation and Use) Regulations 1998. Serious dangers identified by the Housing Act 2004 can also lead to legal action if landlords fail to act.

There isn’t a strict legal timeline for less urgent repairs, like fixing broken fixtures or small leaks. However, it’s generally recommended that landlords try to complete these repairs within 14 to 28 days, depending on how complicated the issue is and whether parts or workers are available. While these timeframes aren’t legally binding, taking too long might be in breach of the landlord’s responsibility to maintain a safe and livable property.

By law, landlords must respond within a “reasonable time,” which can vary depending on the severity of the problem. If there are disputes, local councils or courts may decide what is considered a reasonable timeframe.

What to Do if My Landlord Fails to Carry Out Repairs

If your landlord doesn’t make repairs in a timely manner, start by sending them a written reminder. If the landlord still doesn’t take action, you can contact your council’s Environmental Health department, which may issue a legal notice requiring the landlord to make the necessary repairs. For serious safety risks, the council has the power to take action themselves and charge the landlord for the costs.

If the landlord keeps ignoring the situation, you should seek legal advice and take your landlord to court, claiming compensation for any trouble or damage caused by the issues and an order for them to be addressed.

Frequently Asked Questions

What Is a Landlord’s Legal Responsibility for Repairs?

Landlords in the UK have a legal obligation to ensure their properties are safe and livable. This means they are required to fix issues with the building’s structure and exterior, heating and hot water systems, and any appliances or furniture they provide.

Can My Landlord Charge Me for Repairs in the UK?

Landlords cannot charge tenants for repairs unless the damage was caused by the tenant, their guests, or their negligence. Routine wear and tear is the landlord’s responsibility. If a tenant damages the property, the landlord may deduct repair costs from the deposit or request payment.

Final Thoughts

Understanding who is responsible for repairs in a rental property is essential to maintaining a safe and functional home. While landlords are required to address structural, safety, and essential maintenance issues, tenants must also do their part by reporting problems promptly and taking care of the property. Our property litigation team act nationally and frequently deal with issues arising between landlords and tenants, freeholders and leaseholders. If you have any queries or need assistance don’t hesitate to contact our team at Helix Law today. We’re here to help.