Disrepair

General Introduction

The first step is to find out who is liable to do the repair. In the vast majority of cases the tenant is only responsible for very minor repairs and the landlord is responsible for everything else.

You should start by checking your contract, or tenancy agreement, which may give you additional rights above and beyond the rights given to you by Acts of Parliament.

The most important piece of legislation relating to repair is Section 11 of the Landlord & Tenant Act 1985, which applies to most tenancies.

In most instances, you will need to inform your landlord of the disrepair [preferably in writing] and give him, or her, reasonable time to remedy the problem. Only then should you consider taking any further action. However, this may not be possible in cases of emergency.

If your landlord fails to carry out the necessary repairs then you have various options.

Under certain circumstances you may be able to pay for the repair yourself and deduct the cost from the rent. This is not without risk and you may prefer to get some assistance.

You can make the landlord carry out the necessary repair by enlisting the help of an advice agency, such as HASKC or, if the matter is more serious, a solicitor [see Useful Contacts].

In cases of severe disrepair, it may be necessary to go the County Court to obtain a court order forcing the landlord to remedy the situation, in which case you will need a solicitor.

Alternatively, if you are not a council tenant, you can report the matter directly to the council's Environmental Health Department [see Useful contacts].

This is a very valuable resource and should actively be considered as, not only will the Environmental Health Department pursue the matter for you but they have legal powers to enforce repairs.

If any damage has occurred as a result of the disrepair then you may be entitled to compensation [see section Am I entitled to compensation?].

Where repair work has been carried out, the landlord is responsible for making good any disturbance to the decorations. As a rule of thumb, where more 30% of an area has been disturbed, then the whole area should be redecorated.

If the disrepair is so severe that it requires you to temporarily move out to enable the repairs to be done, then your landlord is responsible for covering all reasonable costs incurred.

If you are required to temporarily move out, then you should be careful to protect your tenancy rights, known as your security of tenure. While you are out of occupation your tenancy may be at risk and it may be necessary to register your rights at the Land Registry. It is recommended that you seek advice from HASKC or another independent housing advice agency or a firm of solicitors [see Useful Contacts].

Before reporting the disrepair to your landlord, you should be sure of your security of tenure. This is because if you have limited protection, your landlord may take retaliatory action by not renewing your contract, or evicting you.