Landlord and Tenant Responsibilities For Repairs

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Your landlord must fulfill obligations outlined in your tenancy agreement. They’re responsible for maintaining:

Structure and exterior: walls, roof, foundations, drains, guttering, pipes, windows, and doors.
Fixtures: sinks, baths, toilets, and their plumbing.
Utilities: water and gas pipes, electrical wiring, tanks, boilers, radiators, and heaters.

These duties cannot be waived by the tenancy agreement. Landlords cannot shift repair costs to tenants. Repairs are required only when issues are reported. Be sure to inform your landlord promptly about any needed repairs.

For tenancies initiated on or after 15 January 1989, landlords are obligated to oversee repairs in communal spaces like entrance halls and stairwells. These areas contribute to the overall living experience of tenants, and it’s the landlord’s responsibility to ensure their upkeep. Therefore, if there’s a malfunctioning element in the entrance hall, such as a broken light fixture, the landlord must promptly address it to maintain the tenants’ quality of living.

This requirement underscores the landlord’s duty to maintain not just individual units but also communal spaces essential for tenants’ daily use. By addressing issues promptly and efficiently in these shared areas, landlords contribute to a positive living environment and uphold their responsibilities outlined in the tenancy agreement.

If your home isn’t safe for you to live in..

If your dwelling is deemed unsafe for habitation, it could be classified as ‘unfit for human habitation,’ encompassing shared areas such as entrance halls and staircases. It falls under your landlord’s responsibility to ensure that your residence meets habitability standards. This obligation applies across various tenancy types. Should your landlord fail to fulfill this duty, seek guidance from your nearest Citizens Advice bureau.
Instances rendering a home unfit for habitation may include severe issues like dampness or mold, extreme temperatures, overcrowding, pest infestations, or an inadequate water supply. Whether these problems existed from the outset of the tenancy or arose later, they warrant attention and resolution to maintain habitability standards.

Inform your landlord promptly about any necessary repairs. They are obligated to address issues once aware of them, except if it concerns a part of the building they still manage, such as the roof or entrance hall.

The responsibility for ensuring the habitability of your home doesn’t fall on your landlord if the issues were caused by your actions, such as neglecting maintenance tasks like using the extractor fan after showering or engaging in unreasonable behavior like leaving candles burning unattended.

Negligence

Negligence usually involves your landlord causing harm or damage due to careless or negligent behavior.

For instance, your landlord might be negligent if they fail to address necessary repairs in your home after being notified, leading to injury or damage to your belongings. They could also be considered negligent if they carry out repairs in a careless or hazardous manner.

Private nuisance

A private nuisance occurs when something on another property or in a shared part of a building owned by your landlord disrupts your ability to use and enjoy your home. For instance, if your landlord neglects to maintain pipes in the roof space of your apartment building, resulting in water leakage and damage to your home, you may take legal action against them for nuisance.

Statutory nuisance

Your landlord is obligated to prevent a statutory nuisance, which occurs when your living conditions pose a health risk or cause a disturbance.

Examples of disrepair harmful to health may include dampness and mold growth.

Local authorities typically intervene when landlords fail to address statutory nuisances.

The Defective Premises Act 1972

Your landlord is bound by specific duties outlined in this Act, including the obligation to prevent personal injury or property damage resulting from defects in your home. This duty extends to you, your family members, and visitors to your residence.

The duty arises when your landlord is responsible for repairing or maintaining your home, or has the authority to enter the property for maintenance or repairs.

Even if you haven’t notified your landlord, they are still obligated to fulfill this duty if they are aware of or should have been aware of the need for repairs.

Houses in multiple occupation (HMOs)

Living in a House in Multiple Occupation (HMO) entails additional legal obligations for your landlord regarding fire and general safety, water supply and drainage, gas and electricity, waste disposal, and overall maintenance of the property.

An HMO typically includes residences divided into bedsitting rooms with shared facilities, shared houses and flats, hostels, and bed and breakfast hotels accommodating multiple households.

Making adjustments if you’re disabled

If you have a disability, your landlord might be obliged to make reasonable adjustments upon request. However, they are not obligated to undertake changes that require removing or altering physical features.