Your Guide to Housing Disrepair and Landlord Repair Obligations
“My landlord won’t fix the damp.”
“My landlord keeps ignoring my repair requests.”
“My landlord won’t repair my boiler.”
These are some of the most common concerns raised by tenants in England and Wales.
Whether you rent from a local authority, a housing association, or a private landlord, living with unresolved disrepair can be stressful and, in some cases, dangerous. Problems such as damp and mould, leaking roofs, broken heating, faulty electrics and plumbing defects can make a home uncomfortable to live in and, if left unresolved, may become significantly worse over time.
Many tenants are unsure of their legal rights or what tp do when a landlord repeatedly ignores requests for repairs. Others mistakenly believe they can simply stop paying rent or arrange the repairs themselves and send the landlord the bill. The legal position is more complicated than that.
The good news is that landlords in England and Wales have significant legal responsibilities to maintain rented homes. However, one of the most important things to understand is that those responsibilities often only arise once the landlord has been made aware of the problem. Reporting repairs promptly, and keeping evidence that you have done so, is therefore one of the most important things a tenant can do.
In follow-up to our blog, ‘What Landlords Must Repair in Council or Social Housing’, in this guide, our housing disrepair team explains what repairs landlords are usually responsible for, why reporting repairs is so important, how long repairs should take, and what options may be available if a landlord still fails to act.
What You’ll Learn in This Guide
- When your landlord is legally responsible for repairs
- Why reporting repairs is so important
- What repairs landlords usually have to carry out
- How long landlords have to complete repairs
- What to do if your landlord ignores repair requests
- Whether you can claim compensation
- Frequently asked questions about housing disrepair
Are Landlords Responsible for Repairs?
In many cases, yes.
The main legal responsibilities arise from:
- Sections 9A, 10 and 11 of the Landlord and Tenant Act 1985.
- The Homes (Fitness for Human Habitation) Act 2018, which introduced sections 9A and 10.
- The Defective Premises Act 1972.
Together, these laws require landlords to keep certain parts of the property in repair and, more broadly, to ensure that rented homes are fit for human habitation.
However, these duties are not unlimited, and they do not mean that every defect automatically becomes the landlord’s responsibility the moment it appears.
Why Reporting Repairs Is One of the Most Important Things You Can Do
One of the biggest misconceptions in housing disrepair claims is that the landlord is automatically responsible because they own the property.
In reality, many repairing obligations only arise once the landlord has notice of the defect and has been given a reasonable opportunity to investigate and carry out repairs.
For example:
- A hidden plumbing leak may not be visible.
- A roof leak may only become apparent during heavy rain.
- A boiler may stop working without warning.
- Damp may develop gradually behind furniture.
If the landlord has no knowledge of these issues, they cannot usually be criticised for failing to repair them.
This is why tenants should report problems as soon as they become aware of them. Just as importantly, tenants should keep evidence showing when the repair was reported.
Good evidence includes:
- emails;
- online repair reports;
- text messages;
- letters;
- repair reference numbers;
- photographs;
- videos;
- notes of telephone conversations.
Many housing disrepair disputes are not about whether a defect existed. They are about when the landlord first became aware of it. Good record keeping can therefore make a significant difference if legal proceedings later become necessary.
What Repairs Are Landlords Usually Responsible For?
Although every tenancy is different, landlords are commonly responsible for repairing the following.
The Structure and Exterior
Section 11 of the Landlord and Tenant Act 1985 generally requires landlords to keep the structure and exterior of the property in repair.
This commonly includes:
- roofs;
- walls;
- chimneys;
- gutters;
- external pipes;
- foundations;
- window frames;
- external doors.
For example, if rainwater enters the property because roof tiles have failed or guttering has become defective, repairing those defects will usually be the landlord’s responsibility once they have been notified.
Heating and Hot Water Repairs
Landlords are usually responsible for installations providing:
- central heating;
- boilers;
- radiators;
- hot water cylinders;
- heating controls.
A complete loss of heating or hot water, particularly during colder weather, will often require urgent attention.
Plumbing and Sanitary Installations
These commonly include:
- toilets;
- baths;
- sinks;
- wash basins;
- internal pipework;
- drainage systems.
Electrical Installations
Landlords are generally responsible for keeping electrical installations in repair, including fixed wiring and consumer units.
Damp and Mould
Whether a landlord is responsible for damp and mould depends upon the underlying cause.
Where damp is caused by defects such as leaking roofs, defective guttering, plumbing leaks or structural problems, the landlord will often be responsible for addressing the cause once they have been notified.
Where the issue concerns whether the property is fit for human habitation, the position may be wider than simple repair. Our guide on Damp and Mould in Social Housing: Who Is Responsible? Provides further information.
What Is the Difference Between Repair and Fitness for Human Habitation?
Many people have heard of Section 11 of the Landlord and Tenant Act 1985, but fewer are aware of Sections 9A and 10.
Section 11 focuses on repairing obligations.
Sections 9A and 10 are different. They require that a property is fit for human habitation at the start of the tenancy and remains fit throughout it. This is important because some problems cannot simply be described as “disrepair”. For example, a property may suffer from severe condensation due to inadequate ventilation.
Nothing may actually be broken.
However, the property may still be unfit for human habitation.
In those circumstances, making the property fit may involve works that go beyond traditional repairs, such as improving ventilation or addressing design issues that contribute to damp and mould. You can read further information in our guide: How Does Housing Disrepair Affect Your Health and What Can You Do?
What Is the Defective Premises Act 1972?
The Defective Premises Act 1972 provides additional protection where defects create a risk of personal injury or damage to property.
Where a landlord owes an obligation to repair or maintain premises and knows, or ought reasonably to know, about a defect, they may owe duties under this legislation to take reasonable care to ensure that people are reasonably safe from injury or damage caused by that defect.
Again, knowledge of the defect is often an important issue.
How Long Does a Landlord Have to Carry Out Repairs?
This is one of the most common questions tenants ask.
There is no single statutory timescale that applies to every repair.
Instead, landlords are generally expected to carry out repairs within a reasonable time after receiving notice of the problem.
What is reasonable depends on the nature of the defect.
For example, the following are likely to require urgent attention:
- no heating during winter;
- major water leaks;
- dangerous electrical faults;
- unsafe structural defects.
Other repairs, such as minor plaster damage or sticking internal doors, may reasonably take longer.
Each case depends on its own circumstances.
What If My Landlord Keeps Ignoring Repairs?
If your landlord does not respond after you have reported a repair, continue to keep records.
You should:
- keep copies of every report;
- take updated photographs;
- record how the problem has worsened;
- keep details of missed appointments;
- retain inspection reports;
- keep copies of all correspondence.
Repeated reports may become important evidence if legal action later becomes necessary.
Can I Stop Paying My Rent Until Repairs Are Done?
Generally, no. This is one of the most common misconceptions.
Stopping rent payments because repairs have not been carried out may place a tenant in breach of their tenancy agreement and could expose them to rent arrears or possession proceedings.
Although there are some limited legal remedies available in particular circumstances, tenants should obtain legal advice before withholding rent.
Can I Arrange the Repairs Myself?
Again, caution is needed.
The law does recognise limited circumstances where tenants may carry out repairs and seek reimbursement, but the rules are technical and depend on the facts of each case.
Carrying out substantial works without agreement may create disputes about:
- whether the repairs were necessary;
- whether the cost was reasonable;
- whether the work was carried out properly;
- who should ultimately pay.
Legal advice should usually be obtained before arranging significant repairs yourself.
What Compensation Could Be Available?
Where a landlord has failed to comply with their legal obligations after being given notice of the defects, compensation may sometimes be available.
Every case is different, but claims may include compensation for:
- inconvenience;
- discomfort;
- loss of enjoyment of the property;
- damage to belongings;
- additional heating costs;
- other financial losses caused by the disrepair.
Where health has been affected, some claims may also include a personal injury element supported by medical evidence.
The amount of compensation will depend on the seriousness of the defects, how long they continued after the landlord became aware of them and the impact they had on the occupants. Read our guide, ‘How Much is a Housing Disrepair Claim Worth in England?’ for further information.
What Evidence Should I Keep?
Good evidence can make a significant difference in any housing disrepair claim.
Useful documents include:
- photographs;
- videos;
- emails;
- letters;
- text messages;
- online repair reports;
- repair reference numbers;
- inspection reports;
- expert reports;
- medical records where relevant;
- receipts for damaged belongings.
The earlier evidence is preserved, the easier it is often to establish what happened and when. Read, ‘How to Gather Evidence for a Housing Disrepair Claim’ for more information.
When Can You Take Legal Action Against Your Landlord?
If your landlord has been notified of repairs, has had a reasonable opportunity to carry them out and has failed to do so, legal remedies may be available.
Depending on the circumstances, these may include:
- a claim requiring repairs to be carried out;
- compensation for losses caused by the disrepair;
- reliance on the fitness for human habitation provisions;
- claims involving personal injury where appropriate.
Every case depends on its individual facts, and obtaining legal advice at an early stage can help identify the most appropriate course of action.
Need Help with a Housing Disrepair Claim?
If your landlord will not carry out repairs, the most important thing you can do is report the problem promptly and keep evidence showing when and how you did so.
Although landlords have significant legal obligations under the Landlord and Tenant Act 1985 and the Defective Premises Act 1972, many of those obligations only arise once they have notice of the defect and have been given a reasonable opportunity to investigate and repair it.
Keeping clear records, understanding your rights and acting promptly can make a significant difference if repairs continue to be ignored.
Housing Disrepair Solicitors
At MJV Solicitors, we help tenants take action when landlords fail to maintain safe and healthy properties. If you or a loved one’s health is being affected by disrepair, contact us today for specialist advice and support.
- Call us on 01253 858231
- Visit our website for more information about how to start your claim for Housing Disrepair
- Read our previous blog “What is Housing Disrepair? A Guide for Council and Housing Association Tenants”
Frequently Asked Questions About Landlord Responsibilities
What happens if my landlord ignores repairs?
If your landlord ignores repairs after being notified, continue reporting the issue, keep records of all communications and seek legal advice if the problem persists.
Does my landlord have to know about the repair before they are responsible?
In many cases, yes. A landlord’s repairing obligation usually arises once they have notice of the defect and have had a reasonable opportunity to carry out repairs.
How long does a landlord have to fix repairs?
There is no fixed legal deadline. Repairs should generally be completed within a reasonable time, taking account of how serious the issue is.
Can I stop paying rent if repairs are not done?
Generally, no. Withholding rent can place you in breach of your tenancy agreement and may lead to legal action by the landlord.
Is my landlord responsible for damp and mould?
Potentially. Where damp and mould result from defects the landlord is responsible for, or where the property is unfit for human habitation, the landlord may have legal obligations to address the underlying cause.
Can I claim compensation if my landlord won’t repair my home?
Possibly. Compensation depends on the facts of the case, including whether the landlord had notice of the defects and failed to act within a reasonable time.
What evidence should I keep?
Keep photographs, videos, emails, letters, repair reference numbers, inspection reports and any other documents showing when repairs were reported and how the condition of the property changed.
What repairs is my landlord usually responsible for?
Landlords are commonly responsible for the structure and exterior of the property, heating and hot water systems, plumbing, electrical installations and other matters covered by sections 9A to 11 of the Landlord and Tenant Act 1985.
Can I arrange repairs myself and deduct the cost from my rent?
You should be very cautious. The legal rules are complex, and obtaining legal advice before taking this step is usually advisable.
What is the difference between repair and fitness for human habitation?
Repair involves putting something back into proper working order. Fitness for human habitation is a broader concept that considers whether a property is safe and suitable to live in, even if achieving that requires works beyond traditional repairs.
