How to maintain and approach repairs with a rental property

Disrepair and a Landlords Duty.

Section 11 of the Landlord and Tenant Act 1985 places a statutory duty to repair on landlords to carry out repairs. This means that a landlord has no excuses not to carry out repairs even in cases where these maybe unaffordable for them.

There is also the Homes (Fitness for Human Habitation) Act 2018 and the HHRS 2005 Hazards and Repairs guidance which classes heating, electric, sanitary, cooking, and white goods as a priority for tenants and as such items to be kept in good repair. Under the White Paper reforms currently passing through Parliament they are also looking to strengthen this and incorporate private rental homes into the Decent Home Standard which currently covers the social housing sector

There are a growing number of disrepair cases being taken by tenants and a growing number of legal firms offering a no win, no fee services to tenants. Damages for disrepair are normally calculated as a percentage rent reduction for the period of disrepair. Additional damages for out-of-pocket expenses can also be awarded for such items as lost wages, medical expense, and the cost of cleaning, repairing, or replacing damaged items.

A landlord is on notice as soon as a tenant reports a problem whether this be by phone, text, or email.

On receiving a report landlord/agents need to act swifty and do what a reasonable person would do.

They should find out the reasons for the disrepair and have the matter attended to promptly. If the repair needs more time to undertake you must keep the tenant informed of what’s being done and when. This should be done within 2 weeks.

Mitigation to this to offset any claim by a tenant can be if they do not allow access, or if it can be shown that they have created the disrepair.

The key to ensuring you have all matters in hand is to keep a paper trail record:

1. When the disrepair was reported
2. When the contractor was contacted and sent the order to investigate
3. If the repair is made, follow up with the tenant that they are satisfied with the repair
4. If a tenant does not respond, then you may wish to seek access to inspect the repair and ensure it’s been undertaken
5. If the repair can’t be made right away, keep the tenant informed
6. Log if a tenant is not allowing access
7. Log if the contractor says the tenant has created the disrepair and get them to provide a report.

You may have to have an uncomfortable conversation with the tenant; however, you should put them on notice of the contractors report in case of any further issues that may arise.

Without an adequate paper trail then you will have little evidence and proof to counter a disrepair claim.

Remember a tenant cannot claim a disrepair until they can prove a landlord has failed to repair.

Estate Agents often have a bank of contractors and systems to keep records of repairs. If landlords are too busy to be able to execute their duties, then it may be worth talking to a local agent regarding managing their properties.

Contact Emsleys Estate Agents for advice on becoming a landlord for your property.