Private and housing association tenants

If you rent your home, most repairs are the legal responsibility of your landlord. Your landlord is usually responsible for keeping the following in good repair:

• the roof, walls and windows;
• the gutters and drains;
• the water and gas pipes;
• electric wiring;
• sinks, toilets, baths and basins; and 
• fixed heaters such as gas fires, and water heaters.

But if you live in England or Wales and your tenancy began before 24 October 1961, your landlord's responsibilities mainly depend on your tenancy agreement.

Responsibility for other repairs and improvements will depend on your tenancy agreement. If you no longer have a copy of your tenancy agreement and are unsure who should carry out the repairs, seek advice from your local Citizens Advice Bureau or housing advice centre, or call SeniorLine.

If you rent from a private landlord, check what type of tenancy you have before asking your landlord to carry out repairs. Unfortunately, some landlords may want to avoid carrying out the repairs, and could decide to ask you to leave if you insist repairs are carried out.

If you have a 'regulated', 'assured' or 'protected' tenancy agreement, you should not need to worry about losing your home. Your landlord cannot end your tenancy agreement simply to avoid repairs.

If you are not sure what type of tenancy agreement you have and would like to check your rights to remain in your home, seek advice from your local Citizens Advice Bureau or housing advice centre, or call SeniorLine.

Housing association tenants usually have a secure tenancy and this means you do not need to worry about losing your home if you ask for repairs to be carried out. If the repairs are not carried out within a certain time limit, you may be eligible for compensation of up to £50 under the 'Right to Repair' scheme. See below for more details.

Top

Getting your landlord to carry out repairs

Once you are certain that your landlord is responsible for arranging the repairs, and you will not risk losing your home if you insist on having repairs done, you should take the following steps.

• Make a list of everything that needs repairing.
• Write to your landlord keeping a copy of the letter for yourself.
• List all the repairs and give your landlord a time limit for replying - perhaps two weeks from the date you send the letter. Send the letter by recorded delivery or deliver it by hand. If the repairs are urgent you may want to contact your landlord by phone. If you do this, it is still a good idea to write to your landlord to confirm what was said.
• If you do not get a reply within your time limit, write again, stating clearly why the repairs are their responsibility. A local Citizens Advice Bureau or housing advice centre may be able to help you with the wording of this letter. Again, give your landlord a time limit for replying.
• If this still produces no action, you may be considering withholding your rent to pay for the repairs yourself. In some circumstances this may be possible. However, it can be risky. Your landlord could take legal action against you, or ask you to leave because of non-payment of rent. Before you withhold any rent you should get advice from your local Citizens Advice Bureau or housing advice centre.
• Another option is to contact the environmental health department of your local council. If your home is in serious disrepair, the environmental health department has the power to serve a notice on your home. Once a notice has been served your landlord has a legal obligation to carry out the necessary repairs within a specified time limit. If your landlord still refuses to do anything, the council can arrange for the repairs to be done and charge your landlord for the cost of the work.
• As a last resort you may be able to take legal action yourself against your landlord. For more information on your legal options, contact your local Citizens Advice Bureau or housing advice centre.

Top

Council tenants

Your council has the same responsibility for major repairs as a private landlord (see above). Your council may also be responsible for additional repairs and these should be set out in your tenancy agreement.

When you ask the council to carry out repairs, do so in writing and keep a copy of the letter for yourself. If the repairs are urgent and you need to ring the council, follow up the request with a letter confirming what was said.

If your repair is urgent you may be able to ask for it to be carried out quickly under the ‘Right to Repair’ scheme. The scheme covers repairs of certain small, urgent defects which are likely to affect your health, safety or security, providing the repair costs £250 or less. These are called 'qualifying repairs'.

The time limit varies with the urgency of the repair. If your toilet won’t flush, your council should repair it within one working day. If an extractor fan in your bathroom or kitchen breaks, it should be repaired within seven working days. If the council doesn't carry out your repair in the agreed timescale, you can insist that it employs an alternative contractor. If the second contractor doesn't complete the repair in time, the council will pay you compensation, although it may deduct any money you owe them from the payment.

Your council will have a full list of repairs which come under the scheme. It will be able to tell you if a repair you need is included in the scheme and how long it has to get the repair done. The council will also be able to tell you how it deals with repairs that aren't covered under this scheme.

To find out more about the ‘Right to Repair’ scheme contact the housing department at your local council.

Top

How to get your repairs done

You should tell the council what repair needs to be done. The council may need to send someone to your home to check the problem first. If the repair comes under the ‘Right to Repair’ scheme, the council will tell a contractor to do it within the set time. The council will also send you a copy of the repair notice it sends to the contractor. The notice will show you:

• the name, address and telephone number of the contractor who will carry out the repair; 
• the arrangements made for the contractor to carry out the repair (the date and time); 
• what the repair is; and
• when the repair should be done by.

You must let the council know when someone can be at home to let the contractor in. You should also check their identity before you allow them into your home.

If you have problems getting your council to carry out repairs to your home, you can take the following steps:

• Contact your tenants' association. They may be able to put pressure on the council to carry out the repairs.
• Ask your local councillor to look into your complaint. Again, they may be able to put pressure on the council to carry out the repairs. If you are not sure who your local councillor is, ring your local council office. They will be able to give you their name and address.
• Make a formal complaint using the complaints procedure of your local council. Contact your local housing department for more information.
• As a last resort you can complain to the ombudsman for your country that investigates cases of mismanagement and unreasonable delay by local councils.

Top

In England contact your Local Government Ombudsman. For more information you can get a free booklet called 'Complaint against the council? How to complain to the Local Government Ombudsman'. You can get this from your council; or by contacting the Local Government Ombudsman Adviceline on 0845 602 1983.

In Scotland contact:

Scottish Public Services Ombudsman
4 Melville Street
Edinburgh EH3 7NS 
Tel: 0870 011 5378 

In Wales contact:

Public Services Ombudsman for Wales
1 Ffordd Yr Hen Gae
Pencoed CF35 5LJ
Tel: 0845 601 0987 

In Northern Ireland contact:

Northern Ireland Ombudsman
Freepost BEL1478
Belfast BT1 6BR
Tel: 0800 34 34 24