Problems with the House – Repairs and Replacements

We know how annoying it can be when you move into your home and things start to go wrong and break so we have put some information together here to tell you about what you can do about it!

Getting Your Landlord to Do It...

There are certain repairs which will almost always be your landlord’s responsibility, whether or not they are specifically mentioned in the tenancy agreement. These are:-
* Walls, floors, window frames and the drains, gutters and external pipes.. Garden paths and steps are also included
water and gas pipes and electrical wiring (including, for example, taps and sockets)
* Basins, sinks, baths and toilets
* Fixed heaters (for example, gas fires) and water heaters but not gas or electric cookers

Follow these simple steps...

1. Talk to your landlord. It may be worth trying to negotiate amicably with your landlord, even if they do not have a legal duty to carry out a repair.
2. Write to them. We would highly recommend writing to them following any conversation stating what has been agreed. Always keep a copy of any letters/emails sent. If you need some support in terms of what to write or how to write it then you should contact a Student Advisor in your Students’ Union and they will be happy to help you out.
3. If negotiations don’t work, you may need to take other action to enforce your rights to repair.
If you are thinking about taking action about disrepair in your home, you should check what type of tenancy you have first. Some types of tenancy, for example, assured shorthold tenancies, make it easier for your landlord to evict you. Your landlord may decide to evict you if you ask for repairs to be carried out and you have a tenancy which allows your landlord to do this.
4. At this stage we would recommend that you contact either Citizen’s Advice or Derbyshire Housing Aid to book an appointment about your ongoing issues. Your Students’ Union will be able to help you do this.

Can you withhold rent from your landlord because of repair problems?

You don't have the right to withhold rent and you shouldn't do this to try to force your landlord to do repairs. Withholding rent could mean that your landlord takes legal action against you for rent arrears and you could lose your home.
In certain circumstances, you can arrange for repairs to be done yourself and use the rent money to pay for the work. This is not recommended as you have to carefully follow a certain procedure to do this. The law in this area is complicated so it is important to get advice.
If you are a local authority tenant in England, and your landlord is refusing to carry out a repair, you can complain to the Local Government Ombudsman.
5. The Ombudsman investigates complaints about services provided by local authorities. You can complain to the Ombudsman if you are dissatisfied with any aspect of how a problem over a repair has been dealt with. If you think discrimination is involved, you can complain about this as well.
Some private landlords have also voluntarily joined the Housing Ombudsman scheme. You can check to see whether your landlord is a member of the scheme by checking the Members' Directory on the Housing Ombudsman website: http://www.housing-ombudsman.org.uk