Tenants doing repairs

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

Private tenants only have to carry out repairs in limited circumstances - if they are responsible for damage, or if the landlord refuses to do them. In both situations you must follow the correct procedure and understand the risks.

What if I'm responsible for repairing damage?

If you accidentally or deliberately damage your home in any way, you will be responsible. It may be better to get the damage repaired yourself - otherwise you could lose your deposit when you leave. Get the landlord's agreement before any work is started. And always get receipts for any work you have done, and for any parts or materials you buy.

What if my landlord agrees I can get repairs done?

If your landlord has agreed that the repairs need doing but hasn't done them yet, they may be happy for you to arrange for the work. Ask the landlord to confirm in writing that they will pay for everything before the work is started. They may want you to get estimates from more than one contractor before they agree to this.

Can I withhold the rent?

You do not have the right to withhold the rent if you do the landlord might try to evict you rather than do the work. It is not recommended but if you do stop paying rent, keep the rent money in a separate bank account. This will ensure that you can pay off the arrears immediately if you have to.

Most tenants can be evicted if rent arrears build up, regardless of why the rent arrears exist. Though if you are a regulated tenants and assured tenants who owe less than eight weeks' rent the courts will only evict you if the judge thinks it is reasonable to do so. In addition it may be possible to 'counterclaim' against the landlord for her/his breach of their repairing obligations

If you have an assured shorthold tenancy or are an occupier with basic protection or an excluded occupier you can be evicted much more easily. If you have limited rights and the repairs are not essential, it may be better to live with things as they are.

Can I do the work and take the money out of my rent?

However doing the work yourself and deducting it from the rent might be an option if your landlord won't carry out repairs or is being unreasonably slow in getting them done. But it is very risky. You must follow the correct procedure (see below), or you risk eviction for rent arrears.

What is the procedure for withholding rent?

You must follow a specific procedure if you want to pay for repairs and take the cost out of your rent. Otherwise, your landlord can evict you.

Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when. We've produced a series of sample letters, which may be helpful.

The process is as follows:

• Step 1: report the repairs to the landlord in writing and allow time for them to be done. Keep a copy.
• Step 2: write to your landlord again, explaining that you intend do the work yourself and take the costs out of your rent unless the repairs are done within a certain time (eg. two weeks). Keep a copy. See sample letter 1.
• Step 3: once this time has passed, get three quotes/estimates for the work from reliable contractors
• Step 4: send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time (eg. a further two weeks). See sample letter 2.
• Step 5: once this time has passed, if your landlord hasn't responded, arrange for the work to be done by the contractor that gave the cheapest quote
• Step 6: pay for the work yourself and send a copy of the receipt to your landlord, asking them to refund the money. See sample letter 3.
• Step 7: if your landlord does not give you back the money, write and confirm that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. See sample letter 4.

If you are claiming housing benefit, tell the housing benefit department what you are doing, and ask them not to make payments directly to your landlord. Your housing benefit payments might be suspended temporarily until the issue is resolved.

Will I be responsible for the quality of the work?

Yes. Make sure the repairs are carried out properly - whether you do them yourself or get a professional in to do them. Never try to do them yourself if you're not sure what you're doing, or if gas or electricity is involved. If you carry out or arrange repairs that are done badly, you'll be legally responsible for the consequences.