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Complaints About Disrepair in Private Rented Properties

 

Frequently Asked Questions


Who is responsible?

Unless the tenancy has a fixed term of more than seven years, the landlord is responsible under the Landlord and Tenant Act 1985 for repairs to:

  • The structure and exterior of the dwelling;
  • Basins, sinks, baths and any other sanitary installations in the dwelling; and
  • Heating and hot water installations.


The landlord is not generally responsible for repairs arising from damage caused by the tenant, or for the rebuilding of the property in the case of damage by fire, flood or other inevitable accidents. Nor does he or she have to repair anything which the tenant has a right to take away unless, in some circumstance, the damage was caused as a result of the landlords failure to carry out his or her repairing obligations.
 

What about repairs to other parts of the property?

Responsibilities for these repairs depend very much on the terms of the agreement between the tenant and landlord. If a landlord, in doing repairs, which he or she is obliged to do, spoils the internal decoration, he or she should make good the damage. If your agreement does not specify who is responsible for particular repairs, get advice. In the case of leases granted before October 1961, responsibility for repairs depends mainly on the terms of the agreement.
 

How do I go about getting my repairs done?

The tenancy agreement will normally set out the rights and liabilities of the parties and may cover the procedure for getting repairs done. If the landlord fails to get repairs done after being told about them:

  • The tenant can sue the landlord in court. The court can award damages, and order repairs to be done. Get advice before taking court action;
  • Where the landlord has been told about the need for repairs, and failed to do them, the local authorities have powers to require him or her to do repairs, or if necessary to do them themselves and charge the landlord.


If you are having difficulties having repairs carried out, and would like the Council to provide advice and assistance, please contact us using the details below.  We need your name and address and the name and address of your landlord together with your complaint.
 

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Tameside MBC
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Tame Street
Stalybridge SK15 1ST
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