Disrepair – what can I do?
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
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Disrepair – what are my rights?
If there are things in your rented home that need to be repaired, then unless you have caused the damage, your landlord is normally required to fix it. But for some private tenancies your landlord may choose to evict you rather than carry out the repairs.
Use this free online assessment to find out what you can do about disrepair.
Start the assessment now:
Question 1 Are you in immediate danger?
Result Urgent/emergency
Is the disrepair urgent/or an emergency? If so:
Urgent repairs should be carried out within a day (eg blocked toilet, leaking roof, broken heating). If the problem is dangerous, like a gas leak, you should call the Gas Emergency line on 0800 111 999, turn off the gas at the mains (usually a lever by your gas meter), and inform your landlord.
If there is another potentially dangerous hazard, like faulty electrical wiring, this may/ or may not be an emergency that requires immediate attention. This depends on your situation, you will need to think about the following things:
Beware of fixing it yourself
Your landlord will normally arrange for a contractor to fix the problem. Tenants are generally advised not to try and carry out repairs themselves, or arrange for the work to be done themselves. Unless your landlord agrees to the work, they may refuse to refund the money you have paid a contractor to fix it. You will also be responsible for putting right any work that is done badly.
Result You have strong rights
If you are a council or housing association tenant, you will have strong tenancy rights, and you will not be evicted for complaining about disrepair issues. For some repairs you may even be entitled to compensation if the landlord does not fix the problem within a certain time.
Your landlord will normally not be responsible for any problems until they are made aware of them. When you inform your landlord about the problem, they may be more than happy to fix it once they know about it. You should also give your landlord a reasonable time to fix it – this may not always be as quickly as you want.
Other things to think about
What is my landlord responsible for?
Landlords are normally responsible for most repairs in your home. As a tenant, you are probably only responsible for some minor maintenance and for putting right any damage you have caused. Your tenancy agreement should state who is responsible for which kinds of repair. However, your landlord is responsible for certain repairs regardless of what your tenancy agreement says.
Your landlord is responsible for:
- Keeping the structure and exterior of the property in good repair – this includes things like drains, gutters, and external pipes.
- Keeping in repair and proper working order, the water, gas, electricity and heating.
- Anything else the tenancy agreement says they will be responsible for.
Speak to your landlord
You must bring the issue to your landlord’s attention first, preferably in writing – even if you speak to them as well – and suggest a possible solution.
As a tenant, you are probably only responsible for some minor maintenance and for putting right any damage you have caused. Your tenancy agreement may state who is responsible for which kinds of repair, but may not always be right, as some things that are listed as the tenant’s responsibility will actually be for the landlord to repair.
Who fixes it?
Your landlord will probably want to have the problem fixed by a professional of their choice. For example an electrician or handyman they know, rather than take a risk that your choice of contractor may cause damage, or not do the job properly. You should speak to your landlord before arranging for anyone to do the work.
Can I get it fixed?
You can only pay for the problem to be fixed yourself – and then deduct the cost from your rent if you follow very specific steps. If you don’t you could face eviction for a number of possible reasons, including not paying all of your agreed rent.
You should speak to your landlord before doing this – this is a very complex area, so if are intending to do this get advice.
Negotiation & mediation
You may be able to negotiate with your landlord using an adviser, or use mediation to come to a mutually acceptable agreement.
Compensation
Take court action for compensation – and / or to get the court to order the landlord to fix the problem.
Court action should normally be a last resort. It can be complicated and is sometimes slow. But in certain situations where the disrepair is severe, or extensive – it is possible to ask the court to order works be carried out promptly. Going to court can also be expensive, unless you are entitled to legal aid.
You should only consider going to court if you can afford it and have tried other options.
Before you start:
- check that the landlord is responsible for the repairs
- report the problem in writing and allow a reasonable time for the repairs to be done
- consider your other options – it may not be too late to negotiate with your landlord using an adviser, or
- use mediation to come to a mutually acceptable agreement
- you may find it easier to move, but this is not a good idea if you have a council or housing association tenancy, if you do have such a tenancy, consider applying for transfer or exchange to move to another council or housing association property.
- get in touch with an adviser - use our directory to find one in your area.
You may find it easier and less expensive to complain to the ombudsman instead (see below).
Complain to the ombudsman
If you are a council or housing association tenant you may be able to complain to the ombudsman. This is the office that investigates complaints about these types of landlord. You must have gone through your landlord’s complaints process first
For complaints about housing association landlords you need to contact the Housing Ombudsman Service.
For complaints about council landlords you need to contact the Local Government Ombudsman.
Consider moving to a different property
If you have strong tenancy rights and/or you are happy where you are, this is generally not a good idea if you have a council or housing association tenancy. You can still seek compensation through the courts after you left (up to 6 years after the disrepair).
If you have a tenancy with weak rights (which is the case for most private tenancies), you may wish to consider moving if the disrepair is very bad.
Environmental Health Department
Contact the Environmental Health Department of your local council.
They can assess health and safety hazards in the home and in some cases take action against the landlord. There are stricter requirements landlords need to meet for tenants living in Houses in Multiple Occupation (HMO) there may be the requirement for landlords to register with the council.
For more information on disrepair, see our information on repairs and bad conditions. Use our directory to find an adviser in your area.
Result You have strong rights
You have strong tenancy rights, and therefore you will not be evicted for complaining about disrepair issues. For some repairs you may even be entitled to compensation.
Your landlord will normally not be responsible for any problems until they are made aware of them. When you inform your landlord about the problem, they may be more than happy to fix it once they know about it. You should also give your landlord a reasonable time to fix it – this may not always be as quickly as you want.
In some cases if your landlord refuses to repair the property, this might amount to a form of harassment.
Other things to think about
What is my landlord responsible for?
Landlords are normally responsible for most repairs in your home. As a tenant, you are probably only responsible for some minor maintenance and for putting right any damage you have caused. Your tenancy agreement should state who is responsible for which kinds of repair. However, your landlord is responsible for certain repairs regardless of what your tenancy agreement says.
Your landlord is responsible for:
- Keeping the structure and exterior of the property in good repair – this includes things like drains, gutters, and external pipes.
- Keeping in repair and proper working order, the water, gas, electricity and heating.
- Anything else the tenancy agreement says they will be responsible for.
Speak to your landlord
You must bring the issue to your landlord’s attention first, preferably in writing – even if you speak to them as well – and suggest a possible solution.
As a tenant, you are probably only responsible for some minor maintenance and for putting right any damage you have caused. Your tenancy agreement may state who is responsible for which kinds of repair, but may not always be right, as some things that are listed as the tenant’s responsibility will actually be for the landlord to repair.
Who fixes it?
Your landlord will probably want to have the problem fixed by a professional of their choice. For example an electrician or handyman they know, rather than take a risk that your choice of contractor may cause damage, or not do the job properly. You should speak to your landlord before arranging for anyone to do the work.
Can I get it fixed?
You can only pay for the problem to be fixed yourself – and then deduct the cost from your rent if you follow very specific steps. If you don’t you could face eviction for a number of possible reasons, including not paying all of your agreed rent.
You should speak to your landlord before doing this – this is a very complex area, so if are intending to do this get advice.
Negotiation & mediation
You may be able to negotiate with your landlord using an adviser, or use mediation to come to a mutually acceptable agreement.
Compensation
Take court action for compensation – and / or to get the court to order the landlord to fix the problem.
Court action should normally be a last resort. It can be complicated and is sometimes slow. But in certain situations where the disrepair is severe, or extensive – it is possible to ask the court to order works be carried out promptly. Going to court can also be expensive, unless you are entitled to legal aid.
You should only consider going to court if you can afford it and have tried other options.
Before you start:
- check that the landlord is responsible for the repairs
- report the problem in writing and allow a reasonable time for the repairs to be done
- consider your other options – it may not be too late to negotiate with your landlord using an adviser, or
- use mediation to come to a mutually acceptable agreement
- you may find it easier to move, but this is not a good idea if you have a council or housing association tenancy, if you do have such a tenancy, consider applying for transfer or exchange to move to another council or housing association property.
- get in touch with an adviser - use our directory to find one in your area.
You may find it easier and less expensive to complain to the ombudsman instead (see below).
Complain to the ombudsman
If you are a council or housing association tenant you may be able to complain to the ombudsman. This is the office that investigates complaints about these types of landlord. You must have gone through your landlord’s complaints process first
For complaints about housing association landlords you need to contact the Housing Ombudsman Service.
For complaints about council landlords you need to contact the Local Government Ombudsman.
Consider moving to a different property
If you have strong tenancy rights and/or you are happy where you are, this is generally not a good idea if you have a council or housing association tenancy. You can still seek compensation through the courts after you left (up to 6 years after the disrepair).
If you have a tenancy with weak rights (which is the case for most private tenancies), you may wish to consider moving if the disrepair is very bad.
Environmental Health Department
Contact the Environmental Health Department of your local council.
They can assess health and safety hazards in the home and in some cases take action against the landlord. There are stricter requirements landlords need to meet for tenants living in Houses in Multiple Occupation (HMO) there may be the requirement for landlords to register with the council.
For more information on disrepair, see our information on repairs and bad conditions. Use our directory to find an adviser in your area.
Result You have weak rights
You can be evicted fairly easily, and your landlord will not even have to give you a reason. So you will need to consider whether it is worth complaining, as your landlord may decide to give you notice to end your tenancy rather than fix the problem.
If the disrepair issue is serious (but not dangerous) and you cannot live with it, your first step should be to tell your landlord about the problem.
Your landlord might not be aware of the problem, and may be more than happy to fix it. You should also give your landlord a reasonable time to fix it – this may not always be as quickly as you want.
Other things to think about
What is my landlord responsible for?
Landlords are normally responsible for most repairs in your home. As a tenant, you are probably only responsible for some minor maintenance and for putting right any damage you have caused. Your tenancy agreement should state who is responsible for which kinds of repair. However, your landlord is responsible for certain repairs regardless of what your tenancy agreement says.
Your landlord is responsible for:
- Keeping the structure and exterior of the property in good repair – this includes things like drains, gutters, and external pipes.
- Keeping in repair and proper working order, the water, gas, electricity and heating.
- Anything else the tenancy agreement says they will be responsible for.
Speak to your landlord
You must bring the issue to your landlord’s attention first, preferably in writing – even if you speak to them as well – and suggest a possible solution.
As a tenant, you are probably only responsible for some minor maintenance and for putting right any damage you have caused. Your tenancy agreement may state who is responsible for which kinds of repair, but may not always be right, as some things that are listed as the tenant’s responsibility will actually be for the landlord to repair.
Who fixes it?
Your landlord will probably want to have the problem fixed by a professional of their choice. For example an electrician or handyman they know, rather than take a risk that your choice of contractor may cause damage, or not do the job properly. You should speak to your landlord before arranging for anyone to do the work.
Can I get it fixed?
You can only pay for the problem to be fixed yourself – and then deduct the cost from your rent if you follow very specific steps. If you don’t you could face eviction for a number of possible reasons, including not paying all of your agreed rent.
You should speak to your landlord before doing this – this is a very complex area, so if are intending to do this get advice.
Negotiation & mediation
You may be able to negotiate with your landlord using an adviser, or use mediation to come to a mutually acceptable agreement.
Compensation
Take court action for compensation – and / or to get the court to order the landlord to fix the problem.
Court action should normally be a last resort. It can be complicated and is sometimes slow. But in certain situations where the disrepair is severe, or extensive – it is possible to ask the court to order works be carried out promptly. Going to court can also be expensive, unless you are entitled to legal aid.
You should only consider going to court if you can afford it and have tried other options.
Before you start:
- check that the landlord is responsible for the repairs
- report the problem in writing and allow a reasonable time for the repairs to be done
- consider your other options – it may not be too late to negotiate with your landlord using an adviser, or
- use mediation to come to a mutually acceptable agreement
- you may find it easier to move, but this is not a good idea if you have a council or housing association tenancy, if you do have such a tenancy, consider applying for transfer or exchange to move to another council or housing association property.
- get in touch with an adviser - use our directory to find one in your area.
You may find it easier and less expensive to complain to the ombudsman instead (see below).
Complain to the ombudsman
If you are a council or housing association tenant you may be able to complain to the ombudsman. This is the office that investigates complaints about these types of landlord. You must have gone through your landlord’s complaints process first
For complaints about housing association landlords you need to contact the Housing Ombudsman Service.
For complaints about council landlords you need to contact the Local Government Ombudsman.
Consider moving to a different property
If you have strong tenancy rights and/or you are happy where you are, this is generally not a good idea if you have a council or housing association tenancy. You can still seek compensation through the courts after you left (up to 6 years after the disrepair).
If you have a tenancy with weak rights (which is the case for most private tenancies), you may wish to consider moving if the disrepair is very bad.
Environmental Health Department
Contact the Environmental Health Department of your local council.
They can assess health and safety hazards in the home and in some cases take action against the landlord. There are stricter requirements landlords need to meet for tenants living in Houses in Multiple Occupation (HMO) there may be the requirement for landlords to register with the council.
For more information on disrepair, see our information on repairs and bad conditions. Use our directory to find an adviser in your area.
