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How Long Should Landlords Take to Fix Housing Disrepair and Other Issues?

7 October 2024

When you’re living in a rental property, dealing with issues like damp, leaks, or faulty heating can be frustrating, especially when they aren’t fixed promptly. But how long should a landlord reasonably take to repair such issues? Understanding the timeframes for resolving housing disrepair can help you ensure your landlord is meeting their legal obligations and your rights as a tenant are being upheld.

Landlords’ Legal Duty to Repair

Under English law, landlords are legally responsible for ensuring that their rental properties are safe and habitable. This includes keeping the structure of the building, such as walls, roofs, and foundations, in good repair, as well as ensuring the proper functioning of essential systems like heating, plumbing, and electricity. Landlords must also address issues related to damp, mould, and infestations if they pose a risk to health or safety.

The law on landlords’ obligations is mainly governed by the Landlord and Tenant Act 1985, which outlines their duty to repair and maintain the property. Failure to do so could lead to legal action, compensation claims, or penalties from local authorities.

How Long Should Repairs Take?

The time it takes to fix housing disrepair largely depends on the nature of the problem. Some issues, particularly those that affect health and safety, should be dealt with urgently, while others can be addressed over a longer period. Here’s a general guide to repair timeframes:

1. Emergency Repairs (Within 24 Hours)

Emergency repairs typically include serious issues like gas leaks or electrical faults. The urgency in dealing with such issues is guided by the legal obligation of landlords to ensure their properties are safe and habitable. Local councils and tenant advice organisations often recommend immediate action within 24 hours for safety-related issues.

2. Urgent Repairs (Within 3-7 Days)

These are problems that, while not immediately dangerous, significantly affect living conditions. Tenants’ rights organisations, such as Shelter and Citizens Advice, suggest a few days (typically up to a week) for non-emergency but pressing issues like heating problems during cold months.

3. Non-Urgent Repairs (Within 28 Days)

Non-urgent repairs are issues that don’t pose immediate risks but still need to be addressed to maintain the condition of the property. Landlords generally have up to 28 days to fix these issues, which is consistent with recommendations from housing associations and tenant support groups.

What to Do If Your Landlord Doesn’t Fix the Problem?

If your landlord is taking too long to carry out repairs, it’s important to take action. Here’s what you can do:

1. Report the Issue in Writing /Engage the Formal Complaints Procedure

Always report any problems in writing, either by email or letter, so that you have a record of when the issue was first raised. Be clear and specific about the problem, and if possible, include photos or videos to support your claim.

If you do not receive a response, most social landlords have an internal complaints procedure (usually online) that can be used to escalate the matter.

2. Keep a Log of Communication

Document all communication with your landlord, including follow-up emails and phone calls, to show that you have made repeated attempts to get the issue resolved.

3. Contact Your Local Council/The Housing Ombudsman

If your landlord continues to ignore the problem or refuses to make repairs, you can contact your local council’s environmental health department. They have the power to inspect the property and enforce repairs if necessary. You can also contact the Housing Ombudsman to make a complaint about your landlord under the scheme.

4. Consider Legal Action

If your landlord still refuses to act, you may be able to take legal action to get the repairs done. A solicitor can help you determine whether you have grounds for a housing disrepair claim, and you may be entitled to compensation if the disrepair has caused you financial loss, inconvenience, or harm to your health.

Can You Withhold Rent?

While it might be tempting to withhold rent if your landlord is slow to make repairs, tenants are still required to make payments of rent as normal. Withholding rent could lead to eviction. Instead, speak to a solicitor, as they can advise you on the best course of action and help you negotiate a solution.

Conclusion

Landlords are legally required to ensure rental properties are safe and well-maintained. While the time it takes to complete repairs depends on the nature of the problem, issues affecting health and safety should be prioritised and resolved promptly. If your landlord fails to make repairs in a reasonable timeframe, you have options, including escalating complaints via a complaints process, using the Ombudsman’s scheme or seeking legal advice. Taking the right steps can help ensure you live in a safe, well-maintained home and protect your rights as a tenant.