Landlord Responsibilities for Repairs in Privately Rented Properties in the UK
Introduction
It is the landlords’ duty to ensure that their rental properties maintain safety and habitable standards for the tenants. However, landlords may occasionally lack clarity on their responsibilities and liabilities concerning repairs in their rental units. Understanding a landlord’s obligations regarding repairs in a rental house is essential. Additionally, with the proposed Renters (Reform) Bill aiming to reshape the private rental sector, it becomes even more vital to comprehend these obligations.
Let’s examine the main responsibilities of landlords concerning repairs in privately rented properties and explore potential actions if landlords fail to fulfil their obligations.
Landlord's Responsibility to Repair
According to the Landlord and Tenant Act 1985, landlords are required to maintain their rental properties in good condition. This legislation is non-negotiable and applies to all short-term rentals in the UK, which includes leases shorter than 7 years.
Section 11 of the Landlord and Tenant Act 1985 establishes an implied term in tenancy agreements, requiring landlords to undertake specific repairs. These repairs include addressing the following key issues throughout the duration of the tenancy:
• Property structure and exterior, such as roof, windows, and doors
• Plumbing and sanitary fixtures, such as basins, sinks, and baths
• Gas appliances, with annual maintenance by a Gas Safe engineer
• Heating and hot water, including boiler and radiator
• Ventilation, to avoid dampness or mould
• Safety checks of smoke detectors, fire alarms, and carbon monoxide detectors
• Electrical installations
• Pest control
• Common areas, if living in an apartment or complex
The Tenancy Agreement
The landlord may have additional responsibilities beyond the legal requirements as outlined in the tenancy agreement. These additional terms will also constitute part of the landlord’s legal obligations.
What is the time frame for Landlord Repairs in the UK?
Tenants must provide a written notice to the landlord when something needs fixing. If the tenant fails to notify the landlord, the landlord is not responsible for the repair. Once informed, the landlord must address the issue within a reasonable time frame, although the legislation does not specify an exact period.
The leading authority on this matter is O’Brien v Robinson [1973], a House of Lords case. In this case, the landlord was required to keep the premises in repair, but the claim failed because the landlord had no notice of any defect in the ceiling, which collapsed due to activities in the flat above three years earlier. Lord Neuberger explained that this defence, as an exception to the Landlord and Tenant Act 1985, is fair because landlords usually cannot discover defects in properties occupied by tenants. Since tenants are in a better position to notice and report necessary repairs, landlords are generally not liable for unreported defects. This applies even when neither the tenant nor the landlord could have known about the defect, as demonstrated in the O’Brien case.
However, if the damage poses a risk to the tenant’s well-being and safety, the repair must be completed within two weeks. For example, urgent issues like a gas leak, a broken boiler in winter, or faulty wiring should be fixed as soon as possible.
If Repairs Are Not Done
Tenants should seek help from the environmental health department at the local council if repairs are not carried out. They are required to act if the issues could harm tenants or disturb others.
If tenants have reported the need for repairs to the landlord and nothing has been done, there might be options available. Many tenants feel it’s unfair to pay rent while repairs are needed and wonder if they can use their rent to address the problem.
Tenants are not entitled to withhold rent due to the landlord’s failure to make repairs. Withholding rent could result in the landlord initiating possession proceedings, risking eviction. If tenants choose to withhold rent despite the risks, it’s advisable to keep the money in a separate bank account. This way, if possession proceedings begin, the arrears can be paid immediately. However, the landlord could still evict the tenant even if no arrears exist.
Right to Use Rent for Repairs
Tenants have the right to carry out repairs and recover the costs from future rent if the landlord fails to make necessary repairs. This carries inherent risks, and tenants must follow a specific procedure to avoid eviction.
Procedure for Using Rent to Pay for Repairs
This method is generally useful for minor repairs that can be afforded upfront. The steps are:
- Report the Repairs: Tenants should notify the landlord in writing, allowing reasonable time for the work. A copy of the letter or email should be kept.
- Follow-Up: If nothing happens, tenants should write again, informing the landlord that they will handle the repairs themselves if the landlord doesn’t arrange for the work. A copy of this communication should be kept.
- Wait: Allow more time for the landlord to act. If still nothing happens, tenants should get three quotes from qualified contractors.
- Final Notice and Quotes: Send the quotes to the landlord, giving a final chance to do the work, typically within two weeks. The notice should warn that tenants will proceed with the repairs and deduct the cost from the rent if there is no response. A copy of this notice should be kept.
- Proceed: If there’s no response, tenants should hire the contractor with the lowest quote to perform the repairs.
- Payment: Pay for the work and send the receipt to the landlord, requesting reimbursement. A copy of this request should be kept.
- Deduct from Rent: If the landlord doesn’t reimburse, tenants can deduct the repair cost from future rent (but not other charges like service fees). A breakdown of the deductions, including when they will start and end, should be provided to the landlord. A copy of this communication should be kept.
Responsibility for Work Quality
Tenants are responsible for the quality of the work, so it’s crucial to hire qualified contractors.
If a tenancy agreement states that rent cannot be used to pay for repairs, this term is likely unfair and can be challenged.
The Renters (Reform) Bill 2023-24
The Renters (Reform) Bill, proposed to Parliament in May 2023, aims to overhaul the private rented sector (PRS) and improve housing standards, aiming to provide a better deal for renters. Described as the most significant change to the private rented sector in three decades, the bill seeks to level up housing quality and enhance tenant rights. The government plans to have the bill pass into law in Autumn-Winter 2024.
As part of the Renters (Reform) Bill, one of the key proposals is the establishment of a new Private Rented Sector Landlord Ombudsman Service, which will become compulsory for nearly all private landlords. This requirement will extend to landlords with assured and regulated tenancies, including those who employ a managing agent. The introduction of this Ombudsman aims to empower tenants to address issues with their landlords without resorting to legal action, providing them with similar access to redress as in other essential services and markets.
The Ombudsman will enable tenants to seek resolution for free in cases where their landlord has failed to address a legitimate complaint regarding their tenancy. This could involve concerns about the landlord’s conduct, property standards, or delays in completing repairs within a reasonable timeframe.
Moreover, landlords will be obliged to adhere to any decision made by the Ombudsman if the complainant accepts the final ruling. Failure to comply with a decision may lead to expulsion from the Ombudsman, with potential enforcement action from the local council if landlords persist in their role.
Conclusion
In summary, landlords in the UK have legal responsibilities for repairs in privately rented properties, as outlined by the Landlord and Tenant Act 1985. This legislation mandates landlords to maintain rented properties in good condition, ensuring safety and habitability throughout the tenancy.
Tenants play a crucial role in reporting repair needs to landlords, prompting action within a reasonable timeframe. However, withholding rent due to repair issues is not advisable and may result in eviction.
The proposed Renters (Reform) Bill aims to overhaul the private rented sector, introducing a mandatory Private Rented Sector Landlord Ombudsman Service. This initiative seeks to empower tenants by providing avenues for redress against landlord shortcomings, ultimately improving housing standards and tenant rights.
To conclude, the Renters (Reform) Bill represents a significant step forward in reforming the private rented sector, promising to enhance landlord-tenant dynamics and housing quality in the UK.
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