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► Repairs
Your rights to have repair and your duty to carry out minor ones yourself arise from a number of sources namely-
- Your contract- which should outline your responsibilities to repair as well as your landlord’s – these are important to check because occasionally a clause in a contract can creates a greater responsibility to carry out repairs than that sourced from law; and
- Common Law- which includes an obligation for a tenant to look after the accommodation in a “tenant-like” manner, which involves carrying out minor repairing duties – for example unblocking drains, or repairing light bulbs etc.
- Statute- see below.
- Tort- which basically means civil wrong, which if contravened may result in a claim for nuisance and/or negligence.
Landlords' responsibilities
Section 11 of the Landlord and Tenant Act 1985
If you are renting in the private sector and have a non-resident landlord, no matter what your tenancy agreement says, the law provides that your landlord has a duty to keep in good repair:
- The structure and exterior of the property - this includes walls, roof, windows, external woodwork etc.
- Installations for the supply of water, gas, electricity and sanitation.
- Installations for heating and hot water.
NB: A landlord cannot in any way contract out of these obligations (unless your contract has a fixed term of 7 years or more – which is highly unlikely!). However, a landlord's Section 11 responsibilities ONLY take effect when they have been notified of the need for repair – and given “reasonable time” to carry them out. There is no definition of reasonable time, but a number of factors should be taken into account, including the extent of the disrepair, whether or not the tenant is living in the property and the availability of replacement parts. If you're unsure whether your landlord is being "reasonable" - seek advice.
Always inform a landlord in writing (or in an emergency ring the landlord/agent and follow up the call with a letter), and always KEEP COPIES of your letters - you may need to use them later as evidence in court.
These rights are underpinned by local authorities' powers to require residential property to provide a safe and healthy home for the occupiers, reinforced by the changes brought in by the Housing Health & Safety Rating System in the Housing Act 2004. In the Brighton & Hove area Brighton & Hove Council's Private Sector Housing Team (01273 293157) have the responsibility for enforcing these standards.
Your own legal action
You may wish to make a claim against your landlord in the local county court for not complying with their obligations to repair. A court can order repairs to be carried out and/or award compensation to you for any nuisance and negligence that has occurred resultant from the disrepair. If you choose to take legal action it is advisable to seek advice as you will need to follow the Civil Procedure set out in the Housing Disrepair Protocol - a copy of which can be downloaded by clicking here.
It is important that you collect evidence of the disrepair as early as possible (e.g. letters, photos, receipts of any costs incurred, medical reports where relevant). If there is a statutory nuisance (ie. the premises are in such a state of disrepair so as to be prejudicial to your health) you can apply to the Magistrates Court for a nuisance order under Section 82 of the Environmental Protection Act, the court can also fine the landlord and grant you compensation plus costs. Always seek advice if you are thinking of taking legal action.
Doing the repairs yourself
If you are thinking of doing the repairs yourself - always seek advice first. If the repairs needed are minor, there are instances where it may be possible for tenants to follow a self-help route – but this is very specialised procedure, and you will need to seek advice about this.
Please note: if you do carry out the repairs yourself, or employ someone to do them for you, you will be held responsible for any negligent workmanship or damage to the property whilst the work is being carried out.
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