Disrepair
All private tenants have rights to repairs which they can enforce no matter what type of contract they have. All landlords must comply with the Landlord and Tenant Act 1985 Section 11. This means they must:
- Keep the property and exterior of the property in good repair (e.g. windows, walls, roof, drains, gutters).
- Keep all installations in good repair (e.g. toilets, sinks etc).
- Keep all heating and water heating installations in good repair.
However, your landlord does not have to do these repairs until you have reported them. Always do so in writing and keep a copy (see the What to do Section).
- Free from damp which is prejudicial to health
- Structurally stable
- Adequate water supply
- Free from serious disrepair
- Suitability located bath, shower, wash basin
- An adequate water supply
- Facilities for preparing and cooking food
- A suitably located toilet
- An effective drainage system
- Usually the first thing that you need to do is put it in writing to your landlord and let them know what the problem is, even if you have spoken to them on the phone and they have promised to fix it. Send it recorded delivery if possible and keep a copy as evidence.
- This letter should not only cover what has happened and when but also the effect it has had as well as any expenses incurred due to the disrepair. The Advice Service can help you prepare this letter.
- Give your landlord a reasonable amount of time to reply to your letter and commence fixing or repairing the problem. The Advice Service staff can advise on what is a reasonable amount of time – this will vary according to the seriousness of the disrepair.
- It might help to also take photos as evidence of the disrepair.
- If your landlord doesn’t respond to your letter and the repairs are not done then come back in to see the Advice Service staff with copies of correspondence and your contract for more advice.
- It’s important to remember that it’s your responsibility to inform the landlord of any disrepair, even if you think they already know we would still advise you to inform them in writing so you have proof that you have informed them. If you don’t and the disrepair is left the damage it causes could worsen and it could end up that you are charged with the costs of the repair.
- Depending on the disrepair in question you may wish to contact your local Environmental Health Department at the local council.
Remember no matter what your problem, big or small, the Student Union Advice Service is there to give you help and guidance in trying to resolve your problem.
Do I need to contact Environmental Health?
If you think you have an issue that Environmental Health should be made aware of then you should come in to see us at the Advice Service. We can mae a referral to them if appropriate. Environmental Health officers can’t advise on contractual issues or items of disrepair and so we will only refer to them if the issue you come in about is a statutory nuisance. Poor living conditions can affect your health and make your home a 'statutory nuisance'. The Environment protection Act 1990 provides legislation for local authorities to deal with complaints known as 'statutory nuisances' and could help you deal with poor conditions in your home or get repairs done. Examples of statutory nuisances include, falling plaster, defective wiring and mould/ damp growth etc.
How can the Advice Service help?
