Repair issues - information for tenants
In general a tenant will occupy premises under the terms of a letting agreement. This is usually some form of tenancy or licence agreement.
The letting agreement need not necessarily be in writing, it may be a verbal agreement or may be inferred by circumstances. However, most letting agreements are set out in writing.
This contract is therefore the starting point when trying to establish who is going to be liable for the carrying out of a particular repair.
However, if the law imposes a duty on a landlord to carry out a repair, the landlord cannot contract out of that obligation by trying to make the tenant responsible for the repair in the letting agreement.
- types of landlord
- the landlord's repairing duties
- the tenant's duties
- council tenants and repairs
- private tenants and repairs
The procedures you must follow to enforce a repair will often depend on the type of landlord you have. Most tenancies involve:
- the local council acting as the landlord
- a housing association acting as the landlord
- a private individual or company acting as the landlord.
The landlord's main repairing duties
The law will impose certain repairing duties on the landlord which the landlord cannot contract out of. The landlord will probably be responsible for most of the major repairs including:
- leaking roofs and gutters
- rotting floor boards and windows
- rising damp
- damp walls
- defective electrical wiring
- dangerous ceilings and staircases
- faulty gas and water pipes
- broken water heaters and boilers
- broken lavatories, sinks and baths/shower facilities
- repairs to communal areas of the property which are used by all tenants.
In general the landlord must keep these installations in the dwelling in good working order. The landlord may also have certain responsibilities associated with the good management of the accommodation, such as ensuring that communal areas are kept clean and are well lit.
The tenant's duties
The tenant may, under the terms of the contract, be held liable for some small internal items of repair.
Unless a tenancy agreement states otherwise a tenant is also generally liable for the internal decoration of the accommodation, except where decorations have been damaged as a result of the landlord's negligence or as a consequence of the landlord carrying out other associated repair works.
The tenant must also occupy the accommodation responsibly and act in a tenant like manner.
Brent Council tenant's
If you are a tenant of Brent Council, repairs to your accommodation will be dealt with by Brent Housing Partnership.
Private tenants
If you rent from a private landlord or a housing association you will hold a private tenancy. Initially you should report your repair request to your landlord and allow the landlord a reasonable period of time to carry out the repair. You will also need to establish that the landlord is responsible for carrying out the repair.
If the landlord then fails to act and does not carry out a repair which by law they are required to do then the council can step in and in some circumstances has the power to force landlords to carry out certain essential repairs.
We can investigate repair issues. We can inspect the property to determine what essential repairs may be needed and, if appropriate, can serve a notice on a landlord to ensure that the essential repairs are carried out. For further information please telephone 020 8937 2976