Housing - Repair and Disrepair

The Housing Act 2004 brings in a new framework for rating houses - please contact the Student Advice & Representation Centre for more information before acting on the information below.

If your private-rented accommodation is dangerous, unsafe or in a poor state of repair, your landlord can be forced to take action to remedy this.  The information below is intended to provide a brief guide to your rights as a tenant - if you are experiencing any problems with disrepair, or you believe your home is unsafe or dangerous, please seek further advice from the Student Advice and Representation Centre.

Before you sign a contract

Many students sign contracts on the understanding the landlord will do repairs and/or make improvements before they move in.  You can enforce your statutory rights to repair which the landlord is obliged to carry out (i.e. those written in law), but it may be more difficult to enforce your contractual rights or other arrangements (e.g. if a landlord agrees to paint rooms or replace carpets). It is, therefore, important that any agreement you sign contains details of what improvements/repairs are going to be made, by what date they will be completed and what penalty there will be for the landlord if they aren’t completed.

Tenants' Responsibilities

The landlord is not responsible for all repairs.  Statutory protection does not, for example, extend to cover things like washing machines or fridges, so you should refer to your agreement - in some cases you will be responsible.  If it is not clear, you should ask the landlord before you sign the contract, and put it in the contract. 

Additionally, you are required to take reasonable care of the property – that is, use the premises in a 'tenant-like manner'.  This means that you must not damage the property and "do the little jobs about the place which a reasonable tenant would do", for example:

  • Turn off the water supply if you go away in the winter
  • Clean the chimneys when necessary
  • Clean the windows when necessary
  • Mend the electric light when it fuses
  • Unblock the sink when blocked by your waste

It is an implied term in tenancy agreements (and it actually says this in most contracts) that the tenant will let the landlord have access to the property, and all reasonable facilities, to carry out repairs which he is obliged to do.  The landlord (or an agent authorised by him in writing) may also, at reasonable times of the day, enter the property to inspect it’s condition and state of repair.  In most cases, the landlord must give 24 hours written notice of an inspection e.g. in emergencies.

If you, your family or guests damage the property, you are responsible for the repairs.

Tenants' Rights

Your rights as a tenant are principally provided by Acts of Parliament.  A landlord who fails to fulfill his or her obligations may be committing a criminal offence, and may also be liable to give you compensation.  In any case, it is likely that he can be forced to resolve the problem.

Landlord and Tenant Act 1985

Section 11 of the Act requires the landlord to:

  • keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes);
  • keep in repair and proper working order the installations in the dwelling-house;
    • For the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences but not fixtures, fittings and appliances for making use of the supply of water, gas and electricity), and
    • For heating rooms or heating water

This Act applies to most lettings made by private landlords, local authorities and the University.

Environmental Protection Act 1990

If the conditions in your home are prejudicial to your health or a nuisance they may amount to a 'statutory nuisance.'  If so, the council can serve a notice on the landlord, which gives a time limit for remedial works to be completed.  If the landlord does not comply (or appeal) the council can do the work itself and claim the cost back from the landlord, or apply for a court order.  Examples of problems include:

  • Dampness
  • Dangerous wiring
  • Condensation or mould growth
  • Defective gas fittings
  • Falling plaster
  • Defective electrical fittings
  • Leaking roof
  • Falling slates
  • Broken banisters
  • Rotten window frames
  • Broken glass
  • Dangerous staircases
  • Rotten floorboards

Housing, Health and Safety Rating System (HHSRS)

The system is a means of assessing accommodation and demonstrating potential risks to occupiers arising from ‘deficiencies’ in that accommodation, which may arise from disrepair, the design of the dwelling or the materials used in it’s construction or alteration. Hazards fall into 4 main categories:

  • physiological;
  • psychological;
  • infection; and
  • accidents.

Local councils have enforcement powers to take appropriate action with regard to identified hazards. 

Gas Safety (Installation and Use) Regulations 1994

Carbon monoxide poisoning caused by faulty gas appliances kills more than 30 people each year - many in private rented accommodation. Landlords are responsible for ensuring that gas appliances are maintained in good order and checked for safety at least every 12 months. Safety checks and other work on gas appliances should only be carried out by British Gas or a CORGI registered installer. It is against the law for someone not registered to work on gas appliances. The landlord must keep a record of the safety checks and you are entitled to see it. The Health and Safety Executive has the duty to enforce these requirements (see 'useful contacts' below).

Electrical Equipment (Safety) Regulations 1994

If your landlord provides any electrical appliances eg: fridges, freezers, washing machines etc, as part of your agreement s/he is required to ensure that they are safe when first supplied. There is, however, no mandatory requirement for the landlord to have electrical appliances safety-tested either before or during a tenancy. The landlord needs to maintain equipment, taking reasonably practical precautions to ensure appliance are safe.

Furniture and Furnishings (Fire) (Safety) Regulations 1988

Your landlord must ensure that any furniture and furnishings s/he supplies as part of your agreement meets the fire resistance requirements of these regulations. The requirements apply to any upholstered furniture, including settees, chairs and beds, and also to mattresses, pillows, seat pads and cushions. Most furniture will have a manufacturer's label to indicate whether it meets the requirements. If you are in any doubt or wish to make a complaint you can contact your local Trading Standards department (see 'useful contacts' below).

Houses in Multiple Occupation (HMO) Regulations

The Housing Act 2004 introduced new regulations regarding HMOs in the private-rented sector, including changes to the definition and licensing of HMOs. If you are renting in a property of three or more storeys with five or more people, it is likely you will be living in a HMO and, therefore, licensed. The Act also introduced regulations on the management of HMOs that imposes duties on managers and occupiers of HMOs whether licensed or not.  For more information, contact the Student Advice and Representation Centre.

Getting Repairs Done

NOTE: Check that your right to occupy your home cannot be terminated by your landlord. Please contact the Student Advice & Representation Centre for more information.

Check that your right to occupy your home cannot be terminated if you try to get repairs done.  When a problem arises it is important to report it to the landlord immediately.  If you do this by telephone or in person, follow this up by putting it in writing, keeping a copy of the letter.  Make sure you give the landlord reasonable time to deal with the problem (although there are no set times).  If your landlord refuses, doesn’t respond or is unreasonably slow in doing the repairs, you should consider contacting your local council, or consider taking further action yourself.

Student Accommodation Accreditation Scheme

The University works with local councils to ensure that houses in the Scheme meet certain standards. All properties advertised for students with the University should have been awarded accredited status, or are provisionally accredited.  If your house is accredited and there are repairs that need doing which the landlord is responsible for, you should contact the University Accommodation Service if attempts by you to get the repairs done have failed.  If you are writing to a landlord of an accredited property regarding repairs, send the Accommodation Service a copy of your letter.

Environmental/Public Health Department

The local council's environmental/public health department can inspect your accommodation and take action requiring the landlord to carry out repairs. If you have requested an inspection make a note of all the problems (keeping a copy for yourself). Make sure you get the name of the officer who calls and ask to be keep informed of developments. If you are concerned that your landlord would retaliate in any way you can ask the council to explain that their requirements are the result of a routine inspection.

Taking Legal Action

You may be able to apply to the County Court to force the landlord to carry out necessary repairs, and for damages for any loss or inconvenience.  You could also apply to the Magistrates Court if there is a statutory nuisance – you may be entitled to compensation and the landlord could be fined.  If you are thinking about taking legal action, please seek specialist help from a solicitor or housing advice agency.

Using the Rent to Pay for Repairs

A tenant does not have a general right to withhold rent even if the landlord does not carry out repairs. If you decide to do so it could jeopardise your right to remain in the accommodation. However, in certain circumstances a tenant can use the rent to pay for repairs. If you are considering this course of action you should use the following procedure:

  1. Make sure that the landlord is liable to carry out the repair(s). If you are in any doubt please contact the Student Advice & Representation Centre.
  2. Make sure that the landlord has had written notice of the disrepair and that s/he has failed to carry out the repairs within a reasonable time.
  3. Write to the landlord again, keeping a copy, explaining that you will carry out the repairs unless the landlord does so. Allow a further reasonable period of time.
  4. Obtain three estimates of the cost of the repair(s) and send a copy of each to the landlord. Offer the landlord a final opportunity to carry out the repair(s).
  5. If the landlord has still not responded proceed with the lowest estimate and pay the bill.
  6. Send the receipt/invoice to the landlord (keeping a copy) and ask him or her to reimburse you the costs.
  7. If the landlord does not pay then you can deduct the cost of the repair work from future rent.

Terminating Your Contract because of repairs

You cannot terminate your contract just because your landlord is failing to carry out repairs for which he is responsible (unless, for example, your contract has a break clause, or the landlord agrees etc.). It may be possible if there has been a fundamental breach of the landlord’s duty to repair, but you should to contact your local council first to establish this.

Useful Contacts and Links

Shelter
15 Broad Street, Nottingham, NG1 3AJ, Tel: 0115 911 0990.
Further information from Shelter regarding repairs.

Environmental/Public Health Departments

  • Nottingham City Council
    Tel: 0115 915 6798 - visit the Nottingham City Council website
  • Broxtowe Borough Council
    Tel: 0115 917 7777 - visit the Broxtowe Borough Council website

Health and Safety Executive
Contact the HSE infoline in the first instance on 08701 545 500
Visit the Health & Safety Executive website

Trading Standards

Last Updated: 16th January 2007

 

Author: name Date: 10/08/2005

University of Nottingham Students' Union
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Tel: + 44 (0)115 846 8800 Fax: + 44 (0)115 846 8801

© 2005 University of Nottingham Students' Union