Rental Repairs: Whose Job Is It? A Guide for Landlords

Introduction

One of the most common causes of disputes between landlords and tenants is the issue of property maintenance. From leaky taps to broken boilers, the issue of who is responsible for what repairs can sometimes be a source of confusion.  

Many landlords are not fully aware of their legal duties, while tenants may expect landlords to fix problems that are not really their responsibility. This confusion can lead to unnecessary tension, vacancy periods or even fines if the landlord fails to carry out necessary repairs. This is why it is important for landlords to understand what they are required to do and how to handle maintenance issues when they arise.  

What the Law Says About Repairs in Rental Properties

Landlords have a legal obligation to maintain rental properties in a safe and habitable condition. This duty is outlined in the Landlord and Tenant Act 1985. This is the primary legislation governing the repair responsibilities of landlords and tenants. The law applies to private rental tenancies and sets a clear baseline for what landlords must do.  

According to the Act, landlords are responsible for keeping the structure and exterior of the property in good repair. This includes the roof, walls, floors, windows, external doors, gutters and drains. Landlords must also maintain installations for the supply of water, gas, electricity and heating, as well as bathrooms, toilets, basins, sinks and baths.

The Act also outlines specific basic living standards that landlords must ensure within the property. These include:

• Repair of any elements of the building that are damaged or worn

• Stability, meaning the property must be structurally sound and not at risk of collapse

• Freedom from damp, such that the home should not have rising damp, mould or persistent moisture problems

• Internal arrangement, which refers to safe and practical layouts that allow the tenant to live comfortably

• Natural lighting, requiring windows or other sources of daylight in main living areas

• Ventilation, which must be adequate to avoid condensation, mould and poor air quality

• Water supply, meaning that the home must have access to clean running water at all times

• Drainage and sanitary convenience, meaning that the property must have proper drainage systems and working toilets

• Facilities for preparation and cooking of food and for the disposal of wastewater, ensuring that tenants can cook meals and clean up safely

These standards aim to ensure that rented homes are safe, functional and are healthy places to live in. A landlord who fails to meet these obligations can be forced by the local council to make the appropriate repairs. Landlords cannot shift these responsibilities on to their tenants either through the tenancy agreement or otherwise. If a tenancy contract includes a clause saying the tenant must repair something that the law says is the landlord’s duty, that clause will not be legally valid. The rights of tenants under the Landlord and Tenant Act 1985 supersede any provisions stated in the rental agreement.

Repairs Tenants Are Responsible For

While landlords carry the bulk of repair duties, tenants also have some responsibilities. Tenants must take reasonable care of the property. This means they need to keep the home in a clean and liveable condition, avoid damaging things and report any maintenance issues promptly. Tenants are typically also expected to perform minor maintenance tasks. These tasks might include replacing light bulbs, changing smoke alarm batteries, clearing clogged sinks due to food or hair buildup and maintaining a tidy garden. If a tenant causes damage deliberately or through neglect, they are responsible for the repair. For example, if they break a window by slamming it shut or damage a carpet with wine stains, they might be required to pay for the damage or forfeit part of their deposit.

Emergency Repairs: What to Do Right Away

Emergency repairs are situations where the health or safety of the tenant is at risk or where the damage could worsen if not addressed quickly. These might include a burst water pipe, no heating during winter, gas leaks or exposed electrical wiring. When an emergency happens, landlords are expected to act immediately. If they fail to respond, tenants may have the right to arrange the repair themselves and deduct the cost from the rent. However, tenants must follow proper procedures for this to be a valid course of action. It is always best to keep clear lines of communication, respond fast and document everything.

Landlords should also have an emergency repair procedure in place. This includes having a trusted plumber, electrician and gas engineer on call. It is a good idea to provide tenants with contact numbers for emergencies when the landlord is unavailable.

Planned Maintenance and Routine Checks

Property maintenance is not just about reacting to problems but also about preventing problems. Responsible landlords carry out regular inspections and planned maintenance. This helps prevent larger issues and keeps the property in good condition. Routine checks should be done every six to twelve months, depending on the length of the tenancy. Planned maintenance may include servicing the boiler annually, clearing gutters, checking for signs of damp, inspecting smoke alarms and touching up paintwork as necessary. This not only protects the landlord’s investment but also helps to build trust with the tenant. A well-maintained property is also more likely to be respected by the tenant and reduces the chance of costly repairs later.

How to Handle Repairs Efficiently

When a repair is reported, it is important to respond quickly. Even if the problem is minor, delays can cause frustration and potentially escalate a small issue into a larger one. A good approach is to acknowledge the report promptly, assess the situation within a specified timeframe and schedule the repair with a trusted contractor.

Landlords who use letting agents can ask the agent to handle repairs on their behalf. However, the landlord remains legally responsible if repairs are not completed properly or in a timely manner.  

Property Maintenance and Health Standards

Keeping a rental property in good condition is not just about preserving its value. It is also about making sure it is safe and healthy for the people who live there. The standard for assessing health and safety in rental homes is set by the Housing Health and Safety Rating System, also known as the HHSRS. The HHSRS was introduced under the Housing Act 2004 and is used by local councils to assess potential risks to the health and safety of tenants. The system looks at how likely it is that someone could suffer harm in the property and how serious that harm might be.  

The system covers 29 specific hazards, which are grouped into several categories. These include issues such as damp and mould growth, excessive cold, structural collapse, fire hazards, poor sanitation, overcrowding, electrical safety concerns, pest infestations, noise pollution and inadequate lighting or ventilation. Each hazard is assessed and scored by a council inspector during a property visit.

As a landlord, it is essential to understand that HHSRS works is a tool that the council can use to ensure rental homes are safe and failure to comply with notices can result in fines or prosecution. Regular inspections and proactive property maintenance can help prevent hazards from developing.

How to Deal with Disputes Over Repairs

Disputes can still arise even with the best efforts. Sometimes tenants might refuse to allow access for repairs, or landlords and tenants might disagree as to who is responsible. In such cases, effective communication is crucial. It is vital to try to keep all communication in writing. Emails can be used later if a dispute reaches the courts. If a tenant refuses to provide access for repairs, remind them of the legal obligation under the tenancy agreement. Give at least 24 hours’ notice and try to find a time that works best for both parties.

End of Tenancy Repairs and Deductions

When a tenancy ends, landlords must inspect the property and compare its condition to the inventory that was taken at the beginning. Any damage beyond fair wear and tear can be deducted from the tenant’s deposit. Faded carpets, scuffed walls and flooring, or worn-out appliances are considered fair wear and tear. Landlords should take photos and document everything in writing, alongside following the rules of the tenancy deposit scheme. In the event of a dispute, the scheme will act as a neutral third party and make a decision based on the evidence presented.

Conclusion

Being a landlord comes with responsibilities, especially when it comes to repairs, maintenance and health and safety standards. Understanding what you are legally responsible for, planning ahead and responding quickly to issues can save time, money and stress. Tenants also play a role in maintaining the property, but the legal duty for structural and safety-related repairs lies firmly with the landlord.

Good communication, written records and a proactive approach to maintenance help keep your rental property in good condition and maintain a positive relationship with your tenant. With clear knowledge and the right processes, handling repairs becomes easier and more efficient.

FAQs

Q. What repairs am I legally responsible for as a landlord?

A. You are responsible for the structure and exterior of the property. This includes walls, roof, windows, doors, drains and gutters. You must also maintain gas, electric, water, heating and sanitation systems.

Q. Can I ask tenants to do minor maintenance jobs?

A. Yes, tenants are expected to carry out small maintenance jobs, such as changing light bulbs, unblocking sinks clogged with hair or food and keeping the garden tidy.  

Q. What if the tenant causes the damage?

A. If the damage is caused by the tenant through carelessness or neglect, they are usually responsible for the cost. You can deduct the amount from their deposit or ask them to pay for the repair directly.

Q. Do I have to fix everything the tenant reports?

A. You must address any issues that affect the structure, safety or compliance with legal standards. Some issues may not need urgent attention, but it is wise to fix them quickly to avoid escalation.

Q. What happens if I ignore repair requests?

A. If you fail to respond to repair requests, tenants can complain to the council. The council may inspect the property and issue a legal notice. Failing to make repairs can result in fines or other penalties.