One of the most common causes of disputes between landlords and tenants is responsibility for repairs. Whether it’s a leaking roof, a broken boiler or damp appearing on the walls, uncertainty about who should fix the problem can quickly lead to frustration and, in some cases, legal action.
Many landlords assume tenants are responsible for damage once they move into a property, while some tenants believe landlords must repair absolutely everything. In reality, the law in England and Wales places specific obligations on both parties.
Understanding these responsibilities can help prevent disputes, ensure properties remain safe and avoid unnecessary legal costs.
What Repairs Is a Landlord Responsible For?
In England and Wales, landlords have a legal duty to keep certain parts of a rented property in repair. These obligations arise under legislation, including the Landlord and Tenant Act 1985, and cannot usually be excluded by the tenancy agreement.
Generally, landlords are responsible for maintaining the structure and exterior of the property, including the roof, walls, windows and external doors. They must also keep installations for the supply of water, gas, electricity, sanitation, heating and hot water in proper working order.
Examples of repairs that will usually be the landlord’s responsibility include:
- Repairing a faulty boiler or central heating system.
- Fixing leaking pipes or a damaged roof.
- Maintaining electrical wiring and plumbing installations.
- Repairing structural defects affecting the property.
Once a landlord becomes aware of a repair issue, they should arrange for it to be investigated and completed within a reasonable time. What is considered reasonable will depend on the seriousness of the problem. For example, a complete loss of heating during winter will normally require much quicker action than a minor cosmetic issue.
Landlords should also carry out regular inspections, where permitted under the tenancy agreement, to identify maintenance issues before they become more serious.
What Is the Tenant Responsible For?
While landlords have significant repairing obligations, tenants also have responsibilities during the tenancy.
Tenants are expected to look after the property in a tenant-like manner. This generally means keeping the property reasonably clean, carrying out minor day-to-day maintenance and reporting repair issues promptly.
For example, tenants should replace light bulbs where appropriate, keep the garden reasonably maintained if required under the tenancy agreement and take reasonable care to avoid causing damage.
Where damage has been caused deliberately or through negligence by the tenant, members of their household or visitors, the tenant may be responsible for the cost of repairs.
Tenants should also report maintenance issues as soon as they become aware of them. Delaying notification could allow the problem to worsen and may affect responsibility for any resulting damage.
If you’re unsure about your legal responsibilities as a landlord or tenant, NakdLaw provides lawyer-informed answers to common landlord and tenant questions, with every response checked and moderated by practising lawyers.
What Happens if Repairs Are Not Carried Out?
Where landlords fail to carry out repairs after receiving notice of the problem, tenants may have legal remedies available depending on the circumstances.
However, tenants should avoid withholding rent without obtaining legal advice. Failing to pay rent could place the tenant in breach of the tenancy agreement and potentially lead to possession proceedings.
Instead, landlords and tenants should communicate openly and keep written records of all reported issues, inspection dates and repair requests. Photographs, emails and repair reports can all be valuable if a dispute later arises.
For landlords, responding promptly to repair requests not only helps comply with legal obligations but also protects the long-term condition and value of the property.
For tenants, reporting problems early and allowing reasonable access for repairs often prevents minor issues from developing into more serious and expensive defects.
Where agreement cannot be reached, seeking legal advice at an early stage can often resolve disputes before formal legal proceedings become necessary.
Conclusion
Repair responsibilities in rented properties are shared between landlords and tenants, but the law places clear obligations on each party.
Landlords are generally responsible for maintaining the structure of the property and essential installations such as heating, plumbing and electrics, while tenants are expected to take reasonable care of the property and report problems promptly.
Understanding these responsibilities helps both parties maintain positive relationships and avoid unnecessary disputes. Where uncertainty arises, obtaining legal advice can provide clarity before matters escalate.
Need Advice on a Landlord and Tenant Dispute?
Whether you are a landlord dealing with repair obligations or a tenant concerned about disrepair, Penerley’s experienced landlord and tenant solicitors can help. We provide practical, tailored legal advice to clients across England and Wales. Contact Penerley today to discuss your matter with our specialist team.
