Making a complaint about rented accommodation
Information for landlords
The Landlord and Tenant Act 1985
A landlord is required to keep the property in good repair throughout the tenancy, so that it remains up to the standard it was at the start of the agreement.
Section 11 of the Act sets out who is responsible for repairing a property whilst it is being rented.
The landlord is responsible:
- To keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes
- To keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity
- To keep in repair and proper working order the installation in the dwelling for space heating and heating water
Exceptions to the repair duties where the landlord is not responsible are:
- To carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part
- To rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident
- To keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house
Housing Act 2004
Where an inspection of any residential property has been carried out by the local housing authority and it is of an opinion that a category 1 or 2 hazard exists under the Housing Health and Safety Rating System the Council in the case of category 1 hazards must take enforcement action and in the case of category 2 hazards may take enforcement action to reduce the risk to occupants, visitors or members of the public. The Council has powers under Sections 49 & 50 of the Act to charge for certain enforcement action.