Housing repair obligations

As a private landlord, you must do repairs by law. If you are not sure what you need to do, you should ask for advice.

Why repairs matter?

Your property is valuable. Doing repairs is not just the law, it’s also good business. A well-kept property makes tenants happy and protects your investment.

Ignoring repairs can lower your property's value. It can also cause bigger, more expensive problems. It could also make it hard to get insurance, which may affect your mortgage.

This guide explains your main responsibilities for maintaining and repairing your rental property.

What are my responsibilities as a landlord?

Who is responsible for repairs can often cause arguments between landlords and renters. The law in the UK says landlords must keep their property safe and liveable.

The three main laws are:

• Section 11 of the Landlord and Tenant Act 1985
• The Homes (Fitness for Human Habitation) Act 2018
• The Housing Act 2004

The first two are enforceable by tenants in court. The second and the third are enforceable by the local authority.

Housing Act 2004, The Housing Health and Safety Ratings System (HHSRS)

If you don't keep the property in good repair, we can give you a notice. You will have to do the work within a certain time. We will try to work with you to fix the problem, but sometimes that isn't possible.

Under HHSRS, we have strong powers to keep housing safe.

We can inspect properties to find hazards. We label them as Category 1 (serious) or Category 2 (less serious).

• For category 1 hazards, by law, we must take action. This can include giving improvement notices, prohibition orders, or doing emergency repairs. For category 2 hazards, we can choose to act in a similar way.
• We can also charge for the costs of these actions.

If you don’t do the repairs we tell you to, or do not meet minimum standards, we might prosecute you. We also have the power to hire contractors to do the work if you do not.

HMO Management Regulations

If you have an HMO (House in Multiple Occupation), there are extra rules. These properties have many households, which can cause overcrowding and safety issues.

All HMOs must follow Management Regulations. The responsible person must follow these rules. Not following them is a crime and can lead to prosecution.

There are two sets of Management Regulations that are almost the same. You need to know which rules apply to your HMO and follow them all the time.**

• The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007.
• The Management of Houses in Multiple Occupation (England) Regulations 2006.

What to do if a tenant reports an item needing repair

Happy tenants are good for business. Tenants might be afraid to report small problems because they worry about being evicted. But if you have a good relationship with your tenants, they will tell you about problems early. This lets you fix them quickly and avoid expensive repairs later.

Key repair responsibilities

• Take care of the roof, walls, gutters, windows, and doors. Fix any damp or mould problems.
• Make sure water, gas, electricity, heating, and hot water systems are safe and working.
• Follow fire, gas, and electrical safety rules.

If you provide these, make sure they work well, are safe, and meet safety standards.

Specific Requirements:

• Install smoke alarms and carbon monoxide detectors. Make sure there are clear escape routes.
• Have a registered engineer check the gas every year and provide a Gas Safety certificate.
• Get inspections every five years and provide an Electrical Installation Condition Report (EICR).

Common Areas (if applicable):

The property has common areas like hallways, staircases, or gardens. Landlords must keep them clean, free from hazards, and well-maintained.

Repairs and response times

You must fix problems when they happen.

• Fix things like gas leaks, no heating or hot water, electrical hazards, or severe water leaks right away.
• Take care of non-urgent repairs within a reasonable time.

Inspections and access

You have the right to inspect your property, but you must:

• Give your tenants at least 24 hours' written notice before inspections or repairs (except in emergencies).
• Inspections should be fair and not disturb your tenant's peaceful enjoyment of the property.
• Regularly check the property and fix maintenance issues before they become big problems.
• Keep open lines of communication with your tenants about maintenance and repairs.
• Keep records of any communications and repairs or inspections done. Before and after photos can be important proof of work completed.

What if I decide not to carry out repairs?

If you, as a private landlord, do not do necessary repairs, there can be several consequences:

• Not doing repairs can lower your property's value. This might be a problem if you need to refinance or sell the property.
• Tenants can take you to court. The court may order you to do the repairs, and you might have to pay compensation.
• We can inspect the property. If we find serious health or safety hazards, we can order you to make the repairs. In extreme cases, the council might do the repairs and charge you for the costs.
• Sometimes, tenants might withhold rent until repairs are done, but we usually advise against this.
• Your tenants can make repairs themselves and deduct the cost from their rent, although we usually advise them not to do this.

Disrepair can make it hard to get or keep insurance. It can also affect your mortgage terms (if you have one). For help and more detailed advice, contact our housing standards team.

By following these guidelines, you can keep your property well-maintained, meet legal standards, and provide a safe home for your tenants.

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