Notify the landlord
Inform your landlord that there is a repair problem as soon as is practically possible. Initially you should try to talk to your landlord and reach an amicable agreement concerning any work needed. If possible find out why your landlord won't do the repair. They may have decided that the work you want done is an improvement rather than a repair.
Keep paying your rent
When the landlord is responsible do not stop paying rent - your obligation to pay rent as tenant is independent of the landlord's responsibility to carry out repairs. If you wish to move out because of disrepair, you are strongly advised to seek advice first as you could still be liable for the rent.
Emergency repairs
Emergency repairs should be completed promptly. If the repairs are urgent you may want to contact your landlord by phone. If you do this, it is still a good idea to write to your landlord to confirm what was said. If you have a repair then you can, with the landlord's permission (in writing), get the work done and deduct the cost from future rent or have the invoices sent to him/her. If you do the work yourself you cannot charge labour costs. Some landlords or their agent provide contact details of local trades people that they expect you to use when you have a disrepair problem.
Put everying thing in writing
Write to your landlord keeping a copy of the letter for yourself. The letter to your landlord should provide details of the disrepair and a request as to how he/she proposes to fix it and set a time limit for replying (14 days).
- Remember to date and sign any paperwork and keep a copy of it.
- Send the letter by recorded delivery or deliver it by hand if possible.
- This word document has five
examples of letters you may need to write
Problems can happen when you just report disrepair over the phone; you may speak to the wrong person, the message may be lost or the incorrect details could be taken down. If you later want to claim a rent rebate because of disrepair you will need some proof as to when the disrepair was first reported.
Write again
If you do not get a reply within your time limit, write again, stating clearly why the repairs are their responsibility. You could consider enclosing copies of estimates for the repair from reliable trades people and ask that the work be completed by a certain date. Again, give your landlord a time limit for replying.
Access to workmen
Ideally the landlord/agent should arrange a suitable time and date with you. Access should not be given to workmen without your prior agreement unless the repair is an emergency. Workmen should always secure the property when leaving and should clean up after they have finished. If you have any problems whilst work is being carried out raise them with the landlord/agent.
Doing the works yourself
If the landlord still hasn't taken steps to carry out the repair works
Do not use the following method if :-
- you are already behind with the rent;
- your tenancy started after 15 January 1989 and the cost will be more than two months’ rent;
- the work is extensive or a difficult problem which might cost a lot, for example, rising damp;
- the work is for improvements, such as putting in hot water if you have not already got it. This method can only be used for repairs.
You have to be careful about how you do this. Legally you must do the following:
- Inform, in writing, the landlord/agent of your intention to get the works done and deduct the expense from future rent. Allow a further period for the landlord to do the works.
- Obtain three estimates, send copies to the landlord/agent with a final warning
- Choose the person submitting the cheapest estimate to do the work
- Send a copy of the invoice to the landlord and ask for reimbursement or recoup the cost from your rent.
You need to do this carefully as the landlord/owner has mandatory grounds for repossession i.e. can take steps to try and evict you if the rent is two months or eight weeks in arrears. It is safer to pay rent and claim damages. For more information on this option please see the Pre-action protocol for housing disrepair cases.
