Keeping a property in good condition is fundamental to a healthy landlord-tenant relationship. When repair issues arise, addressing them promptly and effectively is important.
Repair claims are legal requests made by tenants for necessary repairs to make sure their living conditions are safe and habitable. Understanding and handling these claims properly can prevent disputes and foster positive relationships between landlords and tenants.
If you are facing repair issues or need assistance with a repair claim, contact Lawhive today.
Our expert team is here to provide the legal support you need to ensure fair and prompt resolution of repair claims. Contact us for a consultation and take the first step towards resolving your repair issues effectively.
What is a repair claim, and when is it necessary?
A repair claim is when a tenant finds an issue within their rental property that requires the landlord's attention.
The repair claim outlines the specific problem, why it needs to be sorted, and asks that the landlord takes action to fix it. In essence, it is a way for tenants to ensure their living conditions meet legal and safety standards.
So, a repair claim is necessary when there are:
Health and safety hazards
Issues like faulty wiring, gas leaks, mould, or structural problems that pose risks to health and safety.
Essential services and utilities
Problems with heating, hot water, plumbing, or electricity that affect living conditions.
Structural repairs
Damage to the roof, walls, foundation, or windows that could lead to further damage or danger.
Maintenance issues
General maintenance problems such as broken appliances, damaged flooring, or pest infestations.
Legal obligations
When landlords fail to meet their legal duty to maintain the property to required standards.
What are the common repair issues tenants can claim for?
Tenants can claim various repair issues to ensure their home is safe and comfortable.
Some of the most common problems tend to be leaky roofs or ceilings, broken heating or hot water, faulty electrical wiring, plumbing issues, damp and mould, broken windows and doors, pest infestations, structural problems, applicant repairs, and flooring issues.
If you do face any of these problems, it's important to report them to your landlord and request repairs.
What are the landlord's responsibilities for property repairs?
Landlords have certain responsibilities to keep a rental property in good condition. These are legal responsibilities.
Landlord's Responsibilities | |
|---|---|
Structural repairs | Fixing problems with the roof, walls, foundations, and windows to keep the building safe and secure. |
Heating and hot water | Ensuring the heating system and hot water supply work properly, especially during cold weather. |
Plumbing | Repairing any leaks, clogs, or issues with toilets, sinks, and pipes. |
Electrical safety | Making sure the electrical wiring, outlets, and appliances are safe and functioning. |
Damp and mould | Addressing damp patches and mould growth to prevent health issues. |
Gas safety | Ensuring gas appliances are safe and arranging annual gas safety checks. |
Appliances provided | Fixing or replacing any broken appliances that were included with the property, like the oven, fridge, or washing machine. |
Common areas | Maintaining shared spaces in multi-unit buildings, like stairways, hallways, and gardens. |
Pest control | Dealing with infestations of rodents, insects, or other pests in the property. |
Locks and security | Ensuring doors and windows have working locks and the property is secure. |
Landlords must respond to repair requests quickly to keep the property safe and habitable.
How do I report a repair issue to my landlord?
To report a repair issue to your landlord, first of all, work to understand what the issue is and how it affects your living conditions. Take note of any details, such as where it is and how long it has been a problem.
Make sure you take photos or videos of the problem. This helps show the landlord exactly what needs to be fixed and provides evidence if needed later.
You need to review your tenancy agreement to see if there are any specific instructions on how to report repairs. And once you have done that, write a letter or email to your landlord including:
A clear description of the problem
The date you noticed it
Photos or videos of the issue
Your contact information
If your landlord does not address the issue, you can report the problem to your local council or housing authority. They can inspect the property and take action to enforce repairs.
What should I do if my landlord does not respond to repair requests?
If your landlord is not responding to your repair requests, it’s important to take action to ensure the issue gets resolved.
Have a look at your tenancy agreement to see if there are any specific procedures for reporting repairs and how long the landlord has to respond. It should detail this in the agreement - so if it does, make sure you follow the steps.
Then, send a follow-up email or letter to your landlord, reminding them of your initial request. Be polite but firm about your requests.
If you don’t get a response to your written communication, try calling your landlord to discuss the issue.
It's important to keep copies of all your communications with your landlord, including emails, letters, and texts. Note down dates and times of phone calls and any responses you receive as this will come in handy if you need to make a claim.
If your landlord still doesn’t respond, you can report the issue to your local council’s environmental health department. They can inspect the property and, if necessary, issue a notice requiring the landlord to make repairs.
And if the problem persists, get legal advice. A solicitor can help you understand your rights and the best course of action.
Can I withhold rent if my landlord fails to make necessary repairs?
Withholding rent can be a tempting option if your landlord is not addressing necessary repairs, but withholding rent can be seen as a breach of your tenancy agreement, which may lead to eviction.
As an alternative to withholding rent, contact your local council or environmental health department to inspect the property and issue a notice to the landlord requiring repairs.
And, if advised by a solicitor, you can place your rent in an escrow account. This shows that you are willing to pay rent but are withholding it until repairs are made. This is less risky than withholding rent outright.
Remember, if the landlord continues to ignore repair requests, you can take legal action. A court can order the landlord to carry out repairs and may award you compensation for any inconvenience or damage caused by the disrepair.
What legal standards must landlords comply with for property repairs?
Landlords are required to maintain their rental properties in a safe and habitable condition.
The key standards they must comply with are:
1. Housing Health and Safety Rating System (HHSRS)
Overview
This system assesses potential hazards in a rental property. Landlords must ensure their properties are free from hazards that could pose a risk to tenants’ health and safety.
Examples of Hazards
Damp and mould growth, excess cold, electrical hazards, fire safety, and structural problems.
2. Landlord and Tenant Act 1985
Section 11
This section outlines the landlord's responsibility to keep the structure and exterior of the property in good repair, including roofs, walls, windows, and doors.
Utilities
Landlords must ensure the proper working condition of installations for the supply of water, gas, electricity, and sanitation (e.g., basins, sinks, baths, and toilets).
Heating and Hot Water
The act also requires landlords to maintain installations for heating and hot water.
3. Gas Safety (Installation and Use) Regulations 1998
Annual Inspections
Landlords must ensure gas appliances, fittings, and flues are safe and have an annual gas safety check by a registered Gas Safe engineer.
Gas Safety Certificate
A copy of the gas safety certificate must be provided to the tenant within 28 days of the check.
4. Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
Electrical Inspections
Landlords must ensure that electrical installations are inspected and tested by a qualified person at least every five years.
Electrical Safety Report
A copy of the electrical safety report must be provided to tenants and the local authority if requested.
5. The Homes (Fitness for Human Habitation) Act 2018
Fitness Standard
This act requires landlords to ensure their properties are fit for human habitation at the beginning and throughout the tenancy.
Key Areas
The property must be free from serious hazards, structurally sound, and have adequate heating, ventilation, and sanitation facilities.
6. Energy Performance Certificates (EPC)
EPC Requirement
Landlords must provide an Energy Performance Certificate to tenants at the start of the tenancy. The property must have a minimum EPC rating of E.
7. Fire Safety Regulations
Smoke Alarms
Landlords must install smoke alarms on each floor of the property.
Carbon Monoxide Alarms
A carbon monoxide alarm must be installed in any room with a solid fuel-burning appliance.
Furniture and Furnishings
Any furniture provided must meet fire safety standards.
8. Repair Timeliness
Reasonable Time
Landlords must carry out necessary repairs within a reasonable time once they are notified of the issue. The urgency depends on the nature of the repair (e.g., emergency repairs should be addressed more quickly than non-urgent ones).
How can I gather evidence to support my repair claim?
Gathering evidence to support your claim will be key, so take clear, dated photos and videos of the repair issues from multiple angles and keep copies of all communications with your landlord, including emails, letters, and text messages reporting the issues.
If you have any inspection reports from local authorities or health and safety officers, these will come in handy to prove the state of the property. Plus, find out any receipts for any temporary repairs you’ve made and get estimates for the cost of professional repairs.
If you do have any neighbors, visitors or professionals that could provide witness statements to support you, this would confirm the issues and go forward as evidence too.
What are my rights as a tenant if the property is not habitable?
As a tenant, if your property is not habitable, you do have rights to protect your living conditions.
You can request that your landlord make necessary repairs to ensure the property meets health and safety standards. If the landlord fails to act, you have the right to report the issues to your local council, which can inspect the property and enforce repairs.
In severe cases, you might be entitled to a rent reduction or compensation for any inconvenience or damage caused by the uninhabitable conditions.
Additionally, you can seek legal advice to explore further actions, such as withholding rent (in specific, legally advised situations) or taking your landlord to court.
Lawhive can provide expert assistance to help you understand these rights and make sure your home is safe and habitable.
What is the process for taking legal action for unresolved repair issues?
First, you should document the repair problems and any communications with your landlord requesting repairs.
If the landlord does not respond or address the issues, report the problem to your local council, which can inspect the property and issue repair notices.
If the repairs still aren't made, consult a solicitor to discuss your legal options. The solicitor can help you file a claim in court, presenting evidence of the unresolved issues and the landlord's failure to act.
The court can then order the landlord to carry out the necessary repairs and may award you compensation for any inconvenience or damage suffered.
How can I negotiate repairs and set timelines with my landlord?
Once you have contacted your landlord by using a formal letter describing your issues, suggest reasonable timelines for when you expect the repairs to be completed. For example, emergency repairs like heating or plumbing issues should be addressed within a few days, while less urgent repairs might have a longer timeframe.
Ask your landlord to confirm receipt of your request and provide their plan for addressing the repairs, and request a written response outlining the expected timelines for each repair.
If negotiations stall, consider mediation to reach an agreement. Mediation involves a neutral third party who can help both sides come to a resolution. Contact Lawhive today to get mediator support.
Once you and your landlord agree on the repairs and timelines, document the agreement in writing. Include the specific repairs to be made and the deadlines for each.
What are the potential outcomes of a repair claim?
Filing a repair claim can lead to several potential outcomes, including:
Repairs being completed
Temporary rent reduction
Compensation
Order for repairs
Withholding rent
Tenant's right to repair and deduct
Termination of tenancy
Legal penalties for the landlord
These outcomes are all dependent on the specific case, so for tailored advice and support, contact Lawhive to ensure your rights are protected and the best possible outcome is achieved.
Can I seek compensation for repair issues that affect my health or safety?
Yes, you can seek compensation for repair issues that affect your health or safety.
If your landlord fails to address serious repair problems that pose health or safety risks, you may be entitled to compensation for any harm or inconvenience caused.
This can include costs for medical treatment, damage to personal property, and any additional expenses incurred due to the disrepair.
What are the costs involved in pursuing a repair claim?
The costs involved in pursuing a repair claim can vary depending on the complexity of the case and whether it goes to court. It's advisable to seek legal advice to get a clearer estimate of potential expenses.
Here are some general estimates to give you an idea.
Legal fees
Solicitors typically charge between £150 to £300 per hour. Initial consultations might be free or charged at a lower rate.
Court costs
Filing fees for a small claims court can range from £35 to £455, depending on the claim amount. For higher claims, fees can be significantly more.
Inspection reports
Professional inspection reports can cost between £100 to £500.
Expert witnesses
Expert witness fees can range from £300 to £1,000, depending on the expert's field and the complexity of their testimony.
Document preparation
Costs for copying and preparing documents might add an additional £50 to £200.
So, on average, pursuing a repair claim can range from £500 to £3,000, but of course is all dependent.
How long does the repair claim process typically take?
On average, the repair claim process can take anywhere from three months to a year, depending on the specific circumstances of the case.
The longest part of a repair claim is if the issue is not resolved through negotiation, and you have to take legal action. Preparing and filing a claim, along with court scheduling, can take several months, and the court process itself, including hearings and a final decision, can take an additional three to six months.
What should landlords do if a tenant files a repair claim?
As a landlord, you have legal responsibility to make sure the home is safe, warm and hospitable.
So, acknowledge receipt of the tenant’s complaint as soon as possible, ideally within a few days. This shows the tenant that you are taking their concerns seriously.
Arrange a time to inspect the property and assess the reported issues as soon as possible. It’s important to do this quickly to understand the extent of the problem and again, to get the issue sorted.
Always prioritise repairs that affect the tenant’s health and safety, such as heating, water, electrical, and structural issues, which should be done immediately, and hire qualified professionals to carry out the work.
You must make sure that all repairs comply with legal standards and local regulations. This includes adhering to the Housing Health and Safety Rating System (HHSRS) and other relevant laws.
And, if there is a disagreement about the repairs or timelines, consider mediation to resolve the issue amicably without going to court.
What are the consequences of failing to carry out necessary repairs for landlords?
Failing to carry out necessary repairs can have significant legal, financial, and reputational consequences for landlords, however timely and proper maintenance not only helps avoid these issues but also promotes a positive relationship with tenants and protects the property's value.
The consequences landlords could face are:
Legal action and penalties
Rent repayment orders
Increased scrutiny
Tenant withholding rent
Property damage
Health and safety risks
Increased insurance costs
For guidance on managing repair claims and maintaining compliance, contact Lawhive for expert legal support.
How can Lawhive assist landlords and tenants in managing repair claims?
Lawhive is dedicated to assisting both tenants and landlords in managing repair claims efficiently and fairly.
We offer expert legal advice, representation, and mediation services to ensure that repair issues are resolved and that the rights of all parties are upheld.
Contact Lawhive today for professional assistance with repair claims and other landlord-tenant matters.