Landlord Failing to Do Repairs? Steps to Take and Your Legal Rights

Problems with a Landlord Not Doing Repairs: Understanding Your Rights and Steps to Take

Introduction

When renting a property, tenants have the right to expect their home to be safe and habitable. Landlords are legally obligated to maintain their properties and carry out necessary repairs. However, issues can arise when landlords fail to fulfill these obligations. This guide explores the problems tenants face when landlords do not do repairs, the legal rights of tenants, and the steps to take to resolve such issues.

Common Problems When Landlords Fail to Do Repairs

1. Health and Safety Risks:

   • Unresolved repairs can lead to health and safety hazards, such as damp and mold, electrical faults, or broken heating systems.

2. Deterioration of Living Conditions:

   • Persistent maintenance issues can significantly reduce the quality of life, making the property uncomfortable or even uninhabitable.

3. Financial Implications:

   • Tenants may incur additional costs due to temporary solutions or increased utility bills caused by inefficient appliances or systems.

4. Impact on Personal Belongings:

   • Issues like leaks or dampness can damage personal belongings, leading to additional expenses for tenants.

Legal Rights of Tenants

1. Landlord's Legal Obligations:

   • Under the Landlord and Tenant Act 1985, landlords must keep the structure and exterior of the property in good repair, ensure the supply of water, gas, and electricity, and maintain heating and sanitary installations.

2. Housing Health and Safety Rating System (HHSRS):

   • Local councils use HHSRS to assess potential hazards in residential properties. Landlords must address issues that pose a significant risk to health and safety.

3. Right to a Safe and Habitable Home:

   • Tenants have the right to live in a property that is safe, structurally sound, and free from health hazards.

Steps to Take if Your Landlord Is Not Doing Repairs

1. Report the Problem in Writing:

   • Notify your landlord of the repair issues in writing, detailing the problems and requesting timely action. Keep copies of all correspondence for your records.

2. Allow Reasonable Time for Repairs:

   • Give your landlord a reasonable amount of time to address the repairs. The timeframe will depend on the severity of the issue; emergency repairs should be handled within 24-48 hours, while less urgent issues may take longer.

3. Document the Issues:

   • Keep a record of the problems, including photographs, videos, and any written communication with your landlord. This documentation can be useful if you need to take further action.

4. Contact Your Local Council:

   • If your landlord fails to carry out the necessary repairs, contact your local council’s environmental health department. They can inspect the property and take enforcement action if required.

5. Seek Legal Advice:

   • Consult organizations such as Citizens Advice, Shelter, or a housing solicitor for legal advice and support. They can guide you on your rights and the best course of action.

6. Consider Withholding Rent:

   • Withholding rent is a risky strategy and should only be considered as a last resort and after seeking legal advice. You must inform your landlord in writing of your intention to withhold rent due to their failure to carry out repairs.

7. Arrange Repairs and Deduct Costs:

   • In some cases, tenants may be able to arrange for repairs themselves and deduct the cost from their rent. This should be done cautiously and only after providing the landlord with ample notice and the opportunity to address the issue.

How Fraser Bond Can Assist

At Fraser Bond, we provide comprehensive support for tenants facing issues with landlords not doing repairs:

1. Tenant Advocacy:

   • Our team advocates for tenants' rights, ensuring landlords comply with their legal obligations to maintain and repair rental properties.

2. Repair Coordination:

   • We assist in coordinating repairs and maintenance with landlords, ensuring timely resolution of issues.

3. Legal Advice:

   • We offer legal advice and support for tenants dealing with unresponsive landlords, guiding you through the process of reporting issues and seeking enforcement action.

4. Dispute Resolution:

   • Our mediation services help resolve disputes between tenants and landlords amicably, ensuring both parties reach a fair agreement.

Conclusion

Tenants have the right to live in safe and well-maintained properties, and landlords are legally obligated to carry out necessary repairs. If your landlord is not addressing repair issues, it is essential to understand your rights and take appropriate steps to resolve the situation. Fraser Bond is dedicated to providing expert guidance and comprehensive support to help tenants navigate these challenges effectively. Contact us today to learn more about how we can assist you.