Living in a rented property should provide a sense of security and comfort. Unfortunately, some tenants find themselves dealing with persistent problems, from damp and mould to broken heating, leaks and unsafe living conditions.
These situations can become particularly frustrating when a landlord or managing agent ignores repeated complaints or fails to carry out necessary repairs.
If you are experiencing problems with your rented home and your landlord is not taking action, it is important to understand your legal rights and the steps available to you.
At Penerley Solicitors, we understand how difficult unresolved housing issues can be, particularly when they begin to affect your health, wellbeing or everyday life.
What Repairs Is Your Landlord Responsible For?
In England, landlords have legal responsibilities to maintain certain aspects of rented properties.
Under the Landlord and Tenant Act 1985, landlords are generally responsible for keeping key parts of the property in repair, including:
- The structure and exterior of the building.
- Roofs, external walls, windows and doors.
- Installations for water, gas and electricity.
- Sinks, baths, toilets and other sanitary installations.
- Heating and hot water systems.
Landlords may also have obligations to ensure that rented accommodation is fit for human habitation.
These responsibilities can apply even where the tenancy agreement does not expressly mention them.
However, the precise legal position depends on the type of tenancy, the nature of the problem and the circumstances of the property.
Common Problems Tenants Experience
Housing disrepair can take many forms.
Some of the most frequently reported issues include:
Damp and Mould
Persistent damp and mould can damage belongings and affect health, particularly for children and people with respiratory conditions.
A landlord may be responsible where the underlying cause relates to disrepair, structural defects or other matters for which they are legally accountable.
Heating and Hot Water Failures
A property without adequate heating or hot water can quickly become uncomfortable and potentially unsafe.
Landlords generally have obligations to maintain installations for space heating and heating water.
Leaks and Water Damage
Leaks from roofs, pipes or neighbouring properties can cause extensive damage if they are not investigated and addressed.
Where the landlord is responsible for the source of the problem, they may be required to arrange appropriate repairs.
Electrical and Safety Concerns
Faulty wiring, dangerous installations and other significant hazards may require urgent attention.
Landlords have various legal duties relating to electrical and general property safety.
Pest Infestations
Responsibility for pest problems depends on their cause and the relevant tenancy arrangements. For example, an infestation linked to structural defects may raise different issues from one caused by the tenant’s actions.
What Should You Do If Your Landlord Ignores You?
If your landlord is failing to address a problem, there are several practical steps you can take.
1. Report the Problem in Writing
Although you may initially raise a repair issue by telephone, it is sensible to follow up in writing.
An email or letter creates a record of when the landlord was informed and what action was requested.
Your message should explain:
- What the problem is.
- When it first appeared.
- How it is affecting your use of the property.
- Whether there are any health or safety concerns.
- What action you would like the landlord to take.
Where appropriate, include photographs or videos.
2. Keep Detailed Records
If the problem continues, maintain a record of your communications and the impact of the disrepair.
Useful evidence may include:
- Photographs showing the condition of the property.
- Emails and messages sent to the landlord or agent.
- Dates of telephone conversations.
- Records of missed repair appointments.
- Receipts for damaged belongings or additional expenses.
- Medical evidence where relevant to the effects of the conditions.
This information may become important if you need to escalate the complaint or pursue legal action.
3. Give the Landlord a Reasonable Opportunity to Act
In many cases, landlords should be given a reasonable opportunity to investigate and arrange repairs after becoming aware of the issue.
What is reasonable will depend on the circumstances.
A serious electrical hazard or significant water leak may require urgent action, while less serious repairs may reasonably take longer.
If your landlord repeatedly promises repairs but fails to follow through, it may be appropriate to make a formal complaint.
4. Contact Your Local Council
If the condition of your rented property presents a risk to health or safety, you may be able to seek assistance from your local council.
The council’s housing or environmental health team can assess hazards using the Housing Health and Safety Rating System.
Depending on the findings, the council may have powers or duties to take enforcement action against the landlord.
This can be particularly relevant where a landlord has ignored serious concerns about damp, mould, unsafe installations or other hazards.
5. Consider a Formal Complaint or Ombudsman Referral
The complaints process available to you will depend on your landlord and the type of tenancy.
For example, tenants of housing associations and local authorities may be able to escalate qualifying complaints to the Housing Ombudsman after following the relevant complaints procedure.
Private tenants may have access to other complaint or redress arrangements, particularly where a letting or managing agent is involved.
Understanding which process applies is important before taking further action.
Can You Claim Compensation for Housing Disrepair?
In some circumstances, tenants may be entitled to pursue a legal claim where a landlord has failed to meet their obligations.
Depending on the facts, a claim may seek:
- An order requiring the landlord to carry out repairs.
- Compensation for inconvenience and loss of enjoyment of the property.
- Compensation for damage to personal belongings.
- Recovery of certain financial losses.
- Compensation for personal injury, where supported by appropriate evidence.
The amount recoverable will depend on the seriousness and duration of the problem, the landlord’s legal responsibilities and the evidence available.
Compensation is not automatic, and each case must be assessed individually.
Should You Stop Paying Rent?
It can be tempting to withhold rent when a landlord refuses to carry out repairs.
However, stopping rent payments without obtaining legal advice can place you at risk of rent arrears and possession proceedings.
Tenants are generally expected to continue paying rent while repair disputes are being resolved.
Although there are limited circumstances in which particular legal remedies may be available, these should not be attempted without understanding the risks.
What If Your Landlord Threatens Eviction?
Some tenants worry that complaining about the condition of their home will result in their landlord attempting to evict them.
Landlords must comply with the legal requirements governing possession and eviction. The protections available depend on the tenancy and circumstances.
If your landlord threatens eviction after you report disrepair, seek legal advice promptly.
You should not assume that a landlord can lawfully require you to leave simply because you have raised a complaint.
How Penerley Solicitors Can Help
Living with unresolved disrepair can be distressing, especially when repeated attempts to communicate with your landlord have been unsuccessful.
At Penerley Solicitors, we provide legal advice on landlord and tenant disputes, helping clients understand their rights and the options available to resolve problems with rented accommodation.
We can assist with assessing your landlord’s responsibilities, reviewing correspondence, advising on potential claims and exploring appropriate steps to secure a resolution.
If you are dealing with damp, mould, leaks, heating problems or other unresolved issues in your rented property, it may be time to seek professional advice.
Contact Penerley Solicitors today to discuss your housing concerns and explore your legal options.
