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Site updated:

9 February 2010

Housing - In England

Disrepair in rented accommodation

This information applies to England, Wales, Scotland and Northern Ireland

Things to think about

This information outlines what you can do if you are living in rented accommodation and need to get repairs carried out.

If you are living in rented property which is in an unsatisfactory condition, there may be several ways of getting repairs or improvements done.

This is a very complex area of the law and trying to get a repair done may put a tenant at risk. People with limited security may face eviction if they take action against their landlord. If you are unsure about your housing security you should contact an experienced adviser, for example, at a housing advice centre, a law centre or at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

In England, Wales and Scotland, you can contact Shelter's free housing advice helpline on 0800 800 4444 or visit Shelter's website at: www.shelter.org.uk.

If you need to have a housing repair carried out in your home, you may:

try to negotiate with your landlord (see under heading Taking action about disrepair); and/or
be able to get repairs done under the Right to repair scheme (see under heading The right to repair); and/or
in Scotland, be able to apply to the Private Rented Housing Panel to get repairs done (see under heading Repairs for private tenants in Scotland); and/or
be eligible for help with home improvements (see under heading Help with home improvements); and/or
be able to carry out and pay for improvements yourself (see under heading Improvements); and/or
use the law to get your landlord to deal with the problem (see under heading Taking action about disrepair); and/or
contact an Ombudsman (see under heading Taking action about disrepair); and/or
campaign with others (see under heading Taking action about disrepair).

What action you take will depend on your housing security. It will also depend on which repair responsibilities are yours and which are your landlord’s (see below).

You should not stop paying your rent because of bad housing conditions. If you are in rent arrears, your landlord may take action to get you evicted.

The landlord’s and tenant’s responsibilities

As a tenant you have the right to have your accommodation kept in a reasonable state of repair. You also have an obligation to look after the accommodation. The tenancy agreement may give details of both your landlord’s and your responsibilities in carrying out repairs and you should check this.

For more information about tenancy agreements, see Tenancy agreements.

The landlord’s main responsibilities

There are certain repairs which will almost always be your landlord’s responsibility, whether or not they are specifically mentioned in the tenancy agreement. These are:-

the structure and exterior of the premises (such as walls, floors and window frames) and the drains, gutters and external pipes. If the property is a house, the essential means to access to it, such as steps from the street, are also included in ‘structure and exterior’. Garden paths and steps are also included
water and gas pipes and electrical wiring (including, for example, taps and sockets)
basins, sinks, baths and toilets
fixed heaters (for example, gas fires) and water heaters but not gas or electric cookers (but see below).

In Scotland, most private landlords have to make sure their properties meet a certain standard, called the repairing standard – see under heading Repairs for private tenants in Scotland.

Local authorities’ duties

Local authorities (District Councils and the Northern Ireland Housing Executive in Northern Ireland) have a duty to take action against private landlords, housing association landlords, or, in England and Wales, registered social landlords (including housing associations) if:-

the condition of the property affects the health of the occupier, for example, if it is damp, infested with insects or has a leaking roof; or
the property causes a ‘nuisance’ to people living nearby, for example, if damp is coming into a person’s property from next door, or if rotten windows may fall into the street and injure others.

This duty covers disrepair in common parts of blocks of flats, such as unhygienic rubbish chutes and noisy central heating.

If you think that the condition of the property is either affecting health or causing a nuisance, you should complain to the Environmental Health Department of the local authority (District Council in Northern Ireland). They must investigate and, if appropriate, give your landlord a notice instructing them to carry out the necessary repairs. If your landlord does not comply with the notice, they could be prosecuted and the local authority (District Council in Northern Ireland) can carry out the repair work itself.

These authorities also have a duty to take action against a private landlord, housing association landlord or, in England and Wales, a registered social landlord (including a housing association) if they consider that housing conditions are not acceptable for people to live in. This could be, for example, because your home is not structurally stable, doesn't have adequate heating or lighting, or doesn't have a suitable sewer and drainage system.

The local authority will order your landlord to do the necessary repairs. If your property cannot be repaired, the local authority may order that it is not to be occupied or that it must be demolished. In this case, it will rehouse you.

Common parts

Your landlord is normally also responsible for repairs to common parts of the building, for example, stairways, lifts, hallways or garden paths shared with other tenants or your landlord.

Safety of gas and electrical appliances

Your landlord must ensure that any gas and electrical appliances in the accommodation are safe.

In England and Wales, for information about your landlord's responsibilities for gas and electrical appliances, see Gas, electricity and water in Common problems with tenancies.

In Scotland, for information about your landlord’s responsibilities for gas and electrical appliances, see Safety in Problems with tenancies.

Emergencies

If it is urgent the work is carried out, for example, if toilets are blocked, the local authority can take emergency action to remedy the problem.

The Right to repair (England Wales and Scotland only)

Tenants of local authorities and registered social landlords (including housing associations) can use ‘right to repair’ schemes to claim compensation for repairs which the landlord does not carry out within a set timescale.

In England and Wales, if you are a tenant of a registered social landlord you should get compensation if you report a repair or maintenance problem which affects your health, safety or security and your landlord fails twice to make the repair within the set timescale. There is a flat rate award which is currently £10, plus £2 a day up to a total of £50, for each day the repair remains outstanding. A maximum cost for an eligible repair may be set by the individual landlord. You should contact your landlord for more details about the scheme.

In England and Wales, all local authorities must follow a right to repair scheme, similar to that of registered social landlords. Under this right to repair scheme, if you are a local authority tenant and repairs are not carried out within a fixed time scale, you can notify the landlord that you want a different contractor to do the job. The local authority must appoint a new contractor and set another time limit. You can then claim compensation if the repair is not carried out within the new time limit.

In England and Wales, as a local authority tenant you can currently use this ‘right to repair’ scheme for urgent repairs which your landlord estimates would cost up to £250. You can also claim up to £50 compensation. There are 20 types of repairs which qualify for the scheme, including insecure doors, broken entry phone systems, blocked sinks and leaking roofs. Your local authority will be able to give you a full list of the repairs covered by the scheme.

A repair will not qualify for the scheme if the local authority has fewer than 100 properties, is not responsible for the repair or if the authority decides it would cost more than £250.

In Scotland, tenants of local authorities, registered social landlords (including fully mutual co-operative housing associations) and water and sewerage authorities have a right to repair scheme which covers 'qualifying' repairs up to the value of £350.

In Scotland, for more information about the right to repair, see Public sector tenancies.

The Self Help Repairs Scheme (Northern Ireland)

As a Housing Executive tenant you may wish to do repairs yourself, particularly if the work is minor. Under the self-help repairs scheme you can do the work yourself or arrange to have it done by a private contractor and then claim the cost back from the Housing Executive.

To do the repair under the self-help repairs scheme you must write to the Northern Ireland Housing Executive district manager giving details of the repair. To be eligible for the scheme:-

you must have had no more than three self-help repairs in the previous six months; and
the repair must be the Housing Executive's responsibility; and
the item needing repair must not be one which has a minimum expected life.

If the repair can be done under the scheme the Housing Executive will give you written permission to get the repair done and tell you how much it will pay for the work. The amount the Housing Executive will pay for a repair is based on its own scale of estimated costs and not on how much the repair actually cost. This means you may receive less than you have to pay to get the work done.

Once you have the Housing Executive's written permission, you can either do the repairs yourself or arrange for a private contractor to do the work. When the repair has been done you should ask the Housing Executive to inspect the work. As long as the Housing Executive is satisfied that the work has been done properly, you will receive the payment within 28 days.

Repairs for private tenants in Scotland

In Scotland, most private landlords have to make sure that their properties meet a certain standard called the repairing standard. This standard sets out a landlord's responsibilities to keep their properties in a good condition.

If you are a tenant of a private landlord and have problems in your property, you must tell your landlord abut these. If your landlord does not do anything to put the problems right, you can apply to the Private Rented Housing Panel. The Panel is designed to be a quick and easy way of getting a landlord to carry out repairs.

For more information about the repairing standard and the Private Rented Housing Panel, see New rights for private sector tenants.

Help with home improvements

You may be able to get a grant, loan or other type of help for home improvements from your local authority. However, you will need to get your landlord's permission first.

In England, Wales and Northern Ireland, for more information see Help with home improvements.
In Scotland, for more information see Housing grants.

Improvements

The following tenants in England, Wales and Scotland, have the right to carry out and pay for improvements to the property they live in:

tenants in the private sector
tenants of local authorities
tenants of housing associations
tenants of registered social landlords including housing associations.

In Northern Ireland, some tenants of the Northern Ireland Housing Executive and some tenants of registered housing associations have similar rights.

You must get your landlord’s written agreement, but this cannot be unreasonably withheld.

If your landlord refuses permission, they have to give their reasons in writing. You can challenge the refusal in court, where it will be your landlord’s responsibility to prove that they are being reasonable in refusing permission.

You will need the help of an experienced adviser in finding out whether you can carry out improvements, for example, a Citizens Advice Bureau adviser. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

If you are a local authority tenant and you make certain improvements to your home, for example, loft insulation, draught proofing, new baths, basins and toilets and security measures, you can apply for compensation for doing so when you move out. In Scotland, this applies if you’re a housing association tenant.

Disabled tenants

If you are a disabled tenant you may be able to get a grant to make your home more suitable.

In England, Wales and Northern Ireland, for information about grants for disabled tenants, see Help with home improvements, in Scotland, see Housing grants.

If you're a disabled tenant, you may be able to get help from the local authority to have alterations carried out to your home. In Northern Ireland, this applies if you're a Housing Executive tenant, an owner-occupier or a landlord on behalf of a disabled tenant. You will first have to get the need for any alterations assessed by the social services department (in Scotland the social work department). Alterations could include the installations of a stair lift or hoist or adaptations of a bathroom or toilet.

For more information about help from the local authority, see Community care.

If you want to make alterations yourself to make your home more suitable, you will need to get permission from your landlord first. However, your landlord must not refuse permission without good reason.

If the alterations you need do not involve physically altering your home, your landlord may have a duty to make these changes. For example, if, because of your disability, you need to replace taps or door handles or adapt the doorbell in order to live comfortably at home, your landlord must take reasonable steps to make these changes. If the landlord doesn't agree, this could be disability discrimination.

For more information about disability discrimination, see Disability discrimination.

If you want to get an alteration carried out, or your landlord is refusing to allow you to make your home more suitable, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Discrimination and disrepair

If you are renting property, your landlord must not discriminate against you because of your race, sex, disability, sexuality, religion or belief.

If your landlord refuses to carry out repairs to your home simply because of your race, sex, disability, sexuality, religion or belief, this is discrimination and it's against the law.

This rule may not apply if your landlord lives in the same property as you.

If you think your landlord is refusing to carry out a repair because of discrimination, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

For more information about your landlord's obligation to carry out repairs if you're disabled, see under heading Disabled tenants.

What you can do about disrepair – negotiating with your landlord

If your property is in need of repair, the first step is usually to talk to your landlord. It may be worth trying to negotiate amicably with your landlord, even if they do not have a legal duty to carry out a repair.

It is also advisable to put a repair request down in writing. You should keep copies of letters to your landlord.

If you are a tenant of a local authority, housing association, or, in Northern Ireland, a Housing Executive tenant, you should find out how long your landlord usually takes to carry out repairs. This may depend on the urgency of the repair.

If negotiations don’t work, you may need to take other action to enforce your rights to repair.

If you are thinking about taking action about disrepair in your home, you should check what type of tenancy you have first. Some types of tenancy, for example assured shorthold tenancies, make it easier for your landlord to evict you. Your landlord may decide to evict you if you ask for repairs to be carried out and you have a tenancy which allows your landlord to do this.

An adviser will check whether you can try to have the repair done without risking losing your accommodation. They will also be able to check whether your landlord is obliged by law to carry out the repair. If you think discrimination is involved, you should mention this to the adviser.

In England and Wales, for more information about assured shorthold tenancies and other types of tenancy agreements, see Private sector tenancies and Public sector tenancies.

In Scotland, for more information about short assured tenancies and other types of tenancy agreements, see Private sector tenancies and Public sector tenancies.

In Northern Ireland, for more information about tenancy agreements, see Tenancy agreements.

You can get advice about disrepair from a Citizens Advice Bureau. To search for details of your nearest Citizens Advice Bureau, including those that can give advice by E-mail, click on nearest CAB.

What you can do about disrepair - campaigning with others

If you know that there are a number of tenants affected by the disrepair, it may be effective to start a campaign against your landlord. This is likely to be more effective if your landlord is a local authority or a housing association, which could be sensitive to bad publicity. A successful campaign should involve as many people as possible. Publicity in the local or national media can also be effective. It may be useful to put pressure on local councillors, MPs and the chair of the housing committee (if your landlord is a local authority).

What you can do about disrepair – using an Ombudsman

Using an Ombudsman in England

If you are a local authority tenant in England, and your landlord is refusing to carry out a repair, you can complain to the Local Government Ombudsman.

The Ombudsman investigates complaints about services provided by local authorities. You can complain to the Ombudsman if you are dissatisfied with any aspect of how a problem over a repair has been dealt with. If you think discrimination is involved, you can complain about this as well.

You cannot complain to the Ombudsman until you have gone through the local authority’s own complaints procedure. A complaint to the Ombudsman may some time to be investigated. The Ombudsman can also make a recommendation for a local authority to carry out repairs and to pay compensation. The Ombudsman’s recommendations cannot be enforced but local authorities usually comply.

If you are a tenant of a social landlord other than a council, for example a housing association, you can complain to the Housing Ombudsman.

Some private landlords have also voluntarily joined the Housing Ombudsman scheme. You can check to see whether your landlord is a member of the scheme by checking the Members' Directory on the Housing Ombudsman website: www.housing-ombudsman.org.uk.

You can complain to the Housing Ombudsman about any aspect of the way in which your landlord has handled a request for a repair. If you think discrimination is involved, you can complain about this as well. You cannot complain to the Housing Ombudsman until you have gone through your landlord’s own complaints procedure.

For information about how to make a complaint, see How to use an ombudsman in England.

If you think your landlord has an obligation to carry out a repair, you may want to consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest Citizens Advice Bureau, including those that can give advice by E-mail, click on nearest CAB.

Using the Ombudsman in Wales

If you are the tenant of a local authority or a social landlord in Wales, and your landlord is refusing to carry out a repair, you can complain to the Public Services Ombudsman. An example of a social landlord is a housing association.

The Ombudsman investigates complaints about services provided by local authorities and social landlords.

You can complain to the Ombudsman if you are dissatisfied with any aspect of how a problem over a repair has been dealt with. If you think discrimination is involved, you can complain about this as well.

If you want to complain to the Ombudsman you must first complain to your landlord so that they have an opportunity to respond to your concerns.

A complaint to the Ombudsman may take some time to be investigated. The Ombudsman can also make a recommendation for a local authority or social landlord to carry out repairs and to pay compensation. The Ombudsman’s recommendations cannot be enforced but local authorities usually comply.

For more information about how to make a complaint, see How to use an ombudsman in Wales.

Using the Ombudsman in Scotland

If you are a tenant of a local authority, or another social landlord such as a housing association, you can complain to the Scottish Public Services Ombudsman.

The Ombudsman investigates complaints of maladministration or service failure about local authorities and other social landlords. If you think discrimination is involved, you can complain about this as well.

You should go through your landlord's own complaints procedure before making a complaint to the Scottish Public Services Ombudsman.

If your complaint to the Ombudsman is upheld, the Ombudsman can make recommendations on the handling of the complaint and can also recommend that the landlord pay compensation. Although the Ombudsman's recommendations to a landlord cannot be enforced, they will usually be complied with.

For more information about how to make a complaint to the Scottish Public Services Ombudsman, see How to use an ombudsman in Scotland.

Using the Ombudsman in Northern Ireland

If you are a tenant of the Northern Ireland Housing Executive or a housing association, you can make a complaint to the Northern Ireland Ombudsman if your landlord is refusing to carry out repairs.

You should go through the landlord's own complaints procedure before making a complaint to the Ombudsman.

If there is evidence that the landlord has been inefficient in carrying out repairs, the Ombudsman might find that there has been maladministration. If so, the Ombudsman will try to get some form of settlement. This might be an apology, or compensation.

If the Ombudsman cannot get compensation you can apply to the county court for payment.

For information about how to make a complaint in Northern Ireland, see How to use an ombudsman in Northern Ireland.

What you can do about disrepair – using the law

If you are thinking of starting legal action against your landlord, you should first consult an experienced adviser, for example, at a Citizens Advice Bureau. Taking legal action can be very costly and time consuming. There are a number of laws which cover your right to have your property repaired, which are very complex. To search for details of your nearest Citizens Advice Bureau, including those that can give advice by E-mail, click on nearest CAB.

Civil court action

If your property is in poor condition, your landlord may have broken the tenancy agreement or the law in not carrying out repairs. Your tenancy agreement may include details of what repairs your landlord has agreed. Your landlord might have agreed these verbally or in writing.

Even if there are no specific terms in the tenancy agreement, the law says that your landlord has responsibilities for certain repairs. To find out more about these, see The landlord’s and tenant’s responsibilities.

If your landlord has broken the tenancy agreement or the law, you can take legal action against them. If you intend to take action, you must give your landlord written notice of the repairs that need doing. You will not be able to start court action until you have given your landlord reasonable time to carry out the repairs.

If you are successful, you may get a court order for your landlord to carry out the repairs. You may also be able to get compensation. Legal aid may be available to help with the costs of your legal action.

In England and Wales, for more information about assured shorthold tenancies and other types of tenancy agreements, see Private sector tenancies and Public sector tenancies.

In Scotland, for more information about short assured tenancies and other types of tenancy agreements, see Private sector tenancies and Public sector tenancies.

In Northern Ireland, for more information about tenancy agreements, see Tenancy agreements.

For information about legal aid, see Help with legal costs.

Private prosecutions in England and Wales

If you are affected by the poor condition of a property you can take out a private prosecution against your landlord. If the prosecution is successful, your landlord will be ordered to do the repairs, and will be guilty of a criminal offence if they do not carry them out.

This is useful for local authority tenants, who may not be able to use other types of action against the local authority. However, criminal legal aid is not available to pay for your legal costs.