Disrepair
The following is only a brief outline as the subject of
disrepair is covered in detail in a separate section [see
Disrepair].
Under most modern tenancies the landlord usually takes
responsibility for all repairs and in many cases, redecoration.
The tenant is always expected to behave in "a tenant-like
manner". This means acting responsibly, generally taking
care of the property and carrying out very minor maintenance
etc.
When trying to establish who is responsible for the repair you
should always start by checking the contract. Both parties are
bound by the contract unless it is overridden by the provisions of
Section 11 of the Landlord & Tenant Act
1985.
Section 11 of the Landlord & Tenant Act 1985
Section 11 of the Landlord & Tenant Act 1985 applies to all
tenancies that started after 24th October 1961 and were for an
initial term of less than 7 years. It overrides whatever is stated
in the contract.
Section 11 makes the landlord responsible for the exterior, the
structure and all major interior repairs. The "minor interior
repairs" that the tenant is responsible for has been defined in
caselaw. Lord Denning stated that "minor interior repairs" are such
things as unblocking sinks and changing fuses.
Gas Appliances
If your rented home has any gas appliances, then the landlord is
obliged by law to have them inspected yearly by a properly
qualified engineer registered with CORGI [Council for Registered
Gas Installers].
If there is disrepair in your home you should first report it to
your landlord or managing agent, unless it is an emergency, and
give them a reasonable amount of time to remedy the situation.
If your landlord fails to carry out the necessary repairs then can
seek assistance from an advice agency such as HASKC or if the
matter is more serious a solicitor [see
Useful Contacts].
Alternatively, you can report the matter directly to the
council's Environmental Health Department.
The Environmental Health Department has wide
ranging powers to enforce repairs and general standards of safety.
They can serve statutory notice on your landlord requiring the
repair to be done within a certain time and failing which they will
do the repairs and charge the landlord.
Under certain circumstances, the Environmental Health Department
can also arrange for essential supplies to be
reconnected.
For instance, you may live in a house in multiple
occupation and pay the landlord directly for your gas and
electricity supply. Your landlord would then be responsible to make
sure the fuel suppliers are paid and if he or she fails to do so
then the supply could be cut off. In such a case, the Environmental
Health Department would get the supply reconnected.
If you live in Kensington & Chelsea and you have a disrepair
problem you can contact the Environmental Health Department:
RBKC Environmental Health Department
37 Pembroke Road
London W8 6PU
Tel: 020 7361 3002
Fax: 020 7341 5234
Tel: 020 7361 3484 Out of office hours
emergencies