Tenants in rental properties are often unaware of their rights in terms of the safe and comfortable condition of their home. As a result, it is common for tenants to live with disrepair issues and to feel vulnerable and anxious about reporting problems to their landlord, because they fear the repercussions and worry that they may be evicted for making a complaint. For this reason, it is important that tenants read and understand their tenancy agreement before they rent a property, but it is also important that they understand what support is available to them.  

Disrepair issues such as mould, structural problems with walls and ceilings, broken doors and windows, electrical issues, plumbing issues and water leaks are very common in rental properties, but in most cases can be easily dealt with if reported to the landlord. However, unfortunately it is not always as simple as that. Often a tenant won’t report the problem, or if they do, the disrepair is either ignored or not adequately dealt with. This can start to become very uncomfortable for the tenant. 

How disrepair issues can impact on the tenant

Even a minor disrepair issue, such as a broken door or window, can lead to discomfort for the tenant if it occurs during the winter when it is cold. A tenant has a right to live in a safe and comfortable property and that includes protecting their family. That means any disrepair that causes a health issue, causes belongings to become damaged or becomes a safety issue, should be dealt with immediately by the landlord. But the landlord is only responsible for these repairs once they know about it.  

When a tenant starts to feel cold and uncomfortable in the home, or if they feel a disrepair concern is unsafe for them and their family, whatever has caused it, they need to report this to the landlord and the landlord has a duty to respond within a reasonable time frame.  

When to speak to a solicitor about housing disrepair

The important distinction about reporting housing disrepair is that the tenant has to give the landlord a reasonable amount of time to respond to it and the response needs to take into account the scale and cost of the repair. For example, if a repair issue is a major structural problem with the roof or the walls, it will take a few days to arrange and will also carry significant cost. This requires some planning and you can’t expect this to be dealt with immediately. In this case the landlord should make arrangements to rehouse you temporarily, because it is likely the problem renders the property unsafe to live in. However, if the repair issue is a broken door or window, or an electrical fault, this can be arranged, dealt with and paid for usually within 24 hours. 

When allowing the landlord a ‘reasonable amount of time’ to resolve a repair issue, the tenant needs to balance what is fair and reasonable for the landlord to do with the recommended timescales for repairs. If this time period has elapsed, or if there is a serious health and safety issue caused by the disrepair, and the landlord hasn’t acted, now is the time for the tenant to seek legal action and contact a housing disrepair solicitor.    

How a housing disrepair solicitor can help you

You should contact a housing disrepair solicitor when your landlord has not responded to your report of disrepair, and you have given them a reasonable period of time to respond, or when the landlord has not suitably resolved the problem. A housing disrepair solicitor can support your case by: 

• Establishing if the landlord has a responsibility to carry out the repair. 

• Establishing if the landlord has acted suitably within a reasonable timeframe, or not. 

• Advising on your legal position as a tenant. 

• Helping you get the disrepair issue fixed so you have a safe and comfortable property. 

• Processing a housing disrepair claim so that you can be adequately compensated for any loss, in terms of cost and discomfort.  

What to do when consulting a housing disrepair solicitor

• Document everything – Keep dates, records and photos as evidence of the disrepair, when you first reported it and how the disrepair has got worse.  

• Communications – Pass on details of all communications with the landlord, such as notification in writing and the dates and times of all subsequent phone calls and emails.  

• Tenancy agreement – Show your solicitor a copy of your tenancy agreement to help establish your rights and responsibilities, and to assess whether it includes any specific clauses relating to repairs.  

• Access – Allow access to your property for contractors appointed to resolve the repair issue. 

As a legal tenant you have a right to live in a safe and comfortable home, so your landlord must respond to a reported repair issue if it is compromising your health and safety and making the rental property uncomfortable to live in. If you have reported the problem directly to the landlord and, having given them a reasonable amount of time to respond, the disrepair has not been resolved, at this point you should contact a housing disrepair solicitor and start a housing disrepair claim. If you need any further support or guidance on this issue, contact Legal HD today.