This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

Three tests for disrepair:

There are three tests that are used to establish whether any work amounts to disrepair, or is an improvement and therefore not covered by the pre-action protocol.

• Do the alterations affect most of the structure or only a part of it? If the work relates to most of the structure, it is less likely to be a repair.
• Do the alterations produce a building of wholly different character than that which had been rented out? If it does, this is less likely to be a repair.
• What is the effect of the work on the value and lifespan of the building? If the result is a building that is worth comparatively more, and makes the property last longer, then it is more likely to be an improvement.

The landlord’s responsibilities

Aside from making sure the property is in good working order, the landlord is responsible for the following:

• Maintaining and keeping in proper working order: the water, gas, electricity, sanitation, and heating.
• Any disrepair issues not covered by the tenancy agreement – as well as any repair obligations set out in the tenancy agreement.
• The landlord of an HMO has additional responsibilities for fire safety, the management and conditions of the property.

The occupiers responsibilities

If the disrepair is potentially dangerous, like a broken floor board, or banister, then the occupier should offer some protection to any visitors – ie by warning them, or taking steps to prevent the danger, if the occupier is:

• Aware of the danger, or has reasonable grounds to believe that it exists.
• The occupier knows, or has reasonable grounds to believe that a visitor is in, or may come into the vicinity of the danger,

These duties also extend to any trespassers who may enter the property without permission.

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