Landlord Refusing to Make Essential Repairs

The first step is almost always to report the repair needed to the landlord in writing — by letter or email — and keep a copy. This is important because the landlord's obligation to repair generally only arises once they have been made aware of the problem (this was established in the case of O'Brien v Robinson [1973]). If the landlord does not respond or refuses to carry out the repair, tenants often consider contacting the local council's environmental health team, who can inspect the property under the Housing Health and Safety Rating System and may serve an improvement notice on the landlord. For more serious or persistent issues, some tenants explore bringing a housing disrepair claim through the county court. In social housing, the Right to Repair scheme may apply for certain qualifying repairs under a set cost threshold, allowing the tenant to request a second contractor if the landlord's contractor does not complete the work in time.

Common situations include: a broken boiler the landlord will not fix, a leaking roof causing water damage inside, broken windows that let in cold and rain, faulty electrical wiring that may be dangerous, blocked or broken drains, a broken front door lock compromising security, rising damp or penetrating damp that the landlord ignores, and plumbing problems affecting water supply or sanitation.

Section 11 of the Landlord and Tenant Act 1985 imposes a statutory obligation on landlords to keep in repair: the structure and exterior of the dwelling (including drains, gutters, and external pipes), installations for the supply of water, gas, electricity, and sanitation, and installations for space heating and water heating. This obligation cannot be excluded by the terms of the tenancy agreement (section 12). The Homes (Fitness for Human Habitation) Act 2018 further requires landlords to ensure properties are fit for human habitation at the start of and throughout the tenancy. Under the Housing Act 2004, local authorities can assess properties using the HHSRS and take enforcement action where serious hazards are identified. The Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 provide a right to repair scheme for qualifying council tenants.

People whose landlord is refusing repairs often consider: sending a formal letter setting out the specific repairs needed and citing the landlord's legal obligations, contacting the local council's environmental health team to request an inspection, seeking legal advice about a potential housing disrepair claim, checking whether legal aid may be available, contacting Shelter's helpline for housing advice, and in some cases exploring whether the Rent Repayment Tribunal route might be relevant if the property is subject to licensing requirements the landlord has not met.

Common mistakes include: not reporting the repair in writing (the landlord's legal duty generally only arises once they are on notice), carrying out major repairs yourself without agreement and expecting to recover the cost, withholding rent without legal advice (this is risky and can lead to possession proceedings), not using the council's environmental health powers which can be very effective, and waiting too long before escalating the complaint when the landlord is clearly not going to act.