Disrepair

If you feel that your accommodation is in a state of disrepair, then we can advise you on how to improve the situation.

Landlords' duties

The landlord has extensive duties to do repairs. These duties arise from a number of sources:-

• the tenancy agreement
• section 11 of the Landlord and Tenant Act 1985
• duty of care (breach of which may cause actions for nuisance and negligence)
• other responsibilities given by statute
• Defective Premises Act 1972
• Environmental Protection Act 1990. The landlord is responsible for a statutory nuisance caused by something inherent in the structure of the property.

The main area of law comes under section 11 of the Landlord and Tenant Act 1985, implied into every tenancy agreement granted for a period of seven years or less, is an obligation on the landlord to:

• keep in good repair the structure and exterior of the dwelling (including drains, gutters and external pipes).
• keep in repair and proper working order the installations in any rented accommodation for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity).
• keep in repair and proper working order the installations for space heating and heating water.

If any of these need attention, then you need to notify your landlord of the disrepair. These regulations do not mean that the landlord has to do work which you are liable for and its worth remembering that although you have a right to some repairs you also have responsibilities as a tenant to keep the property in good order. Additionally your landlord is not under a duty to improve the property.

Private tenants experiencing problems with their landlords may find it useful to contact the Tenancy Relations Officer of their local authority.

For further information Private tenants please see: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets

Or if you live in social housing see: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_social_housing/responsibility_for_repairs

Legal advice

It's worth remembering that disrepair is a complex area of housing law. If your landlord fails to carry out the repairs or do them to the required standard, you should call THT Direct so that we can advise you and give you details of a housing specialist in your area.