Damage and Repairs

The Landlord & Tenant Act 1985 places the obligation for repairing the structure and exterior of residential properties on the landlord. This is so in cases where the tenancy is for a term of less than seven years - which will cover most tenancies - and applies even if there is a provision in the tenancy agreement saying that the tenant must carry out the repairs.

The words 'structure' and 'exterior' and not defined by the act, but will include the main fabric of the house, such as walls, roof, window frames, gutters, drainpipes, and paths and steps that form the main access to the house. Interior decorations and fittings are not included in the act.

The same Act also provides that the landlord must keep in repair and proper working order installations in the property for the supply of gas, water, electricity, and sanitation. This includes sinks, baths, toilets, and drains, though if drains are blocked because of the tenants unreasonable behaviour, then the tenant is responsible for unblocking them.

The landlord will not be liable to repair damage that was the tenants fault - say the tenant cracked a wash basin by dropping something into it. The landlord will equally not be liable to repair items other than those within the Act, or to redecorate, unless stated in the tenancy agreement.

Tenants are liable for matters not covered by the Act if they agree to such repairs in the tenancy agreement - another reason for reading it through carefully.

If the agreement does not deal with the repair of an item that does not feature within the act, then neither landlord nor tenant is under an obligation to repair. However, if the damage was the tenants fault, the tenant is responsible.

Tenants are entitled to compensation in reduced rent for disruption while major repairs are carried out.

Reporting Repairs: Advice to Tenants

Landlords can only be expected to do repairs if you tell them what needs doing - until you have done this, they are not liable. It is advisable that you do this in writing, listing the repairs that need to be done. Once you have reported a repair the landlord must do it within a reasonable period of time, although what is reasonable will depend on the nature of the repair.

The landlord must ensure that the repairs are done in an orderly and efficient way with minimum inconvenience to you. If the works are disruptive or if property or decorations are damaged you can apply to the court for compensation or, if necessary, for an order to make the landlord behave reasonably.

Many landlords are very conscientious about maintaining their property. It is, after all, in their interests to keep it in good condition. But some landlords are not helpful and repairs can remain outstanding from a long time, often at great inconvenience to the tenant.

Going to court to force your landlord to do repairs is an option, but can be lengthy and expensive. What you cannot do is simply stop paying the rent - the fact that the landlord has vowed to do the repairs is not grounds for defence if they sue you or try to evict you for non-payment.

If persuasion, or persistence, does not work, you can warn the landlord that unless they carry out the repairs, you will have them done yourself, and then deduct the cost from future payments of rent. In such a case it is obviously safest to get at least two estimates first and send these to the landlord in advance, so they can be no argument that the cost is excessive.

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