Landlord Advice UK Tenant Eviction Service For Landlords

Disrepair, Rights and Remedies

Landlords and tenants have statutory rights and obligations under assured tenancies, assured shorthold tenancy agreements, and, in Wales, under occupation contracts. These rights and obligations are imposed by legislation and apply automatically, regardless of what is written in the tenancy agreement or occupation contract. Additional terms can also be agreed upon and included in the tenancy agreement, creating further responsibilities for both landlords and tenants.

Landlord Repairing Obligations

Residential landlords are automatically bound by repairing obligations under various housing laws. These obligations are considered implied terms, meaning they apply even if they are not explicitly mentioned in the tenancy agreement. Key legislation includes:

• The Landlord and Tenant Act 1985, which requires landlords to keep the structure and exterior of the property in good repair.
• The Homes (Fitness for Human Habitation) Act 2018, which ensures rental properties meet minimum standards for safety and livability.
• Health and safety regulations, such as maintaining gas, electrical, and fire safety standards.

Failure to comply with these repairing obligations can lead to enforcement action by tenants, local authorities, or courts.

Tenant Rights in Relation to Disrepair

Tenants have legal protections if a landlord fails to meet their repairing obligations. These include:

• Right to Claim Damages: Tenants may claim compensation for losses, inconvenience, or harm caused by the disrepair.
• Right to Repair: In some cases, tenants may carry out repairs and deduct the costs from rent, though this should only be done after following legal protocols.
• Right to Report Disrepair: Landlords must respond to disrepair complaints promptly and may face enforcement action if they do not.

Common Issues Covered by Repairing Obligations

Landlords are responsible for addressing issues such as:

• Structural defects, such as leaks, damp, or cracks.
• Faulty heating, plumbing, or electrical systems.
• Unhealthy living conditions, including mould, pests, or poor ventilation.

Legal Remedies for Tenants

If a landlord fails to address disrepair, tenants may:

• Report the landlord to the local authority, which can issue improvement notices.
• Seek compensation through court proceedings.
• Request rent reductions for periods where the property was uninhabitable.

How Landlord Advice UK Can Help

At Landlord Advice UK, we provide expert guidance to landlords and tenants on their rights and obligations. For landlords, we help ensure compliance with repair laws to avoid disputes or enforcement action. For tenants, we offer advice on how to enforce your rights and seek remedies for disrepair issues.