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Housing and accommodation

Repairs and inventories

Repairs: Landlords obligations

All private tenants have rights to repair, whatever type of contract they have. The landlord must meet these obligations regardless of what is written in the tenancy agreement. Under the terms of the Landlord and Tenant Act 1985 (Section 11) the landlord has an obligation to:

• keep in repair the structure and exterior of the property, including drains, gutters and external pipes
• keep in repair and proper working order the installation for the supply of water, gas, electricity and sanitation (including basins, sinks, baths and sanitary conveniences)
• keep in repair and working order the installation for the provision of heating and water heating

In addition, the landlord must ensure that the property is fit for human habitation. The property must:

• be structurally stable
• be free from serious disrepair
• be free from damp prejudicial to health
• have an adequate water supply
• have a suitably located toilet
• have adequate provision for lighting, heating and ventilation (this does not mean that a heater must be provided, simply that the property must be able to be heated, i.e. having sufficient gas/electric supply points)
• have a suitably located bath (or shower) and wash hand basin
• have an effective drainage system
• have suitable facilities for the preparation and cooking of food (this does not mean that a cooker should be provided, simply that suitable space and a gas/electric installation point is provided for a cooker)

Repairs: Tenants responsibilities

It is important to remember that as a tenant you also have certain obligations and responsibilities. You must use and maintain the property in a 'tenant like manner'.

A tenant must:

• take proper care of the property, avoiding damage at all times
• take precautions to ensure the property is protected during absence. If you are going home at Christmas you must ensure that you protect the pipes from frost (leave the heating on low to stop the pipes freezing), turn off the water and ensure the property is secured
• undertake minor maintenance: this includes changing light bulbs, replacing blown fuses, unblocking sinks
• keep the property clean, including fixtures and fittings
• notify the landlord of the need for repairs promptly (it is advisable for you to do this in writing, keeping a copy of the correspondence for yourself)

Inventory

An inventory is a list of all the furniture and furnishings in the property and should describe the condition of each item. It is vital that an inventory is made before you move in, either by yourself or your landlord, as this will be a record of the condition of the property at the start of the tenancy. If the landlord provides an inventory, ensure you check the contents carefully. If there are any discrepancies amend the inventory and give a copy to your landlord.

If the landlord does not provide an inventory you should write your own. Make a detailed list of the contents of the house, (including, walls floors and ceilings). Ask your Landlord to sign it. If they refuse, ask an independent person to witness it for you.

Copies of blank inventories are available from the Student Housing office on request or alternatively, you can download one for free from the Private Housing webpages.

What to do if a repair is necessary

It is important that you notify your landlord of the problem immediately. Generally this will be done verbally but it is advisable to confirm in writing. Confirming the fault in writing limits the chances of the landlord denying knowledge of the problem.

However small the problem, it is important that you notify your landlord

This will (hopefully) speed up the repair as a minor repair is a lot easier to resolve than a larger repair and will cause you the least inconvenience. Failure to report a repair could result in the landlord claiming against you for damages caused as a result of your negligence in not reporting the problem sooner.

How long should the repair take? How long does the landlord have to complete the work?

It is important that you appreciate that some repairs may take longer than others. For example; your washing machine breaks down late on Tuesday afternoon. You contact your landlord by phone within an hour, reporting the problem and asking that they attend to it as soon as possible. You confirm this in writing the next day.

You are annoyed that the machine is not working, as you want to wash your jeans to wear out that night. In this instance you have to consider how you would deal with the problem. Would you be able to contact an engineer the same day to attend to the machine? Chances are that you wouldn't. The landlord contacts an engineer that afternoon who says that he will visit the property early on Wednesday morning to establish the cause of the problem. The engineer calls as promised, early on Wednesday morning to discover that the motor has burnt out and a new part will need to be ordered as he hasn't any in stock. He anticipates that the new part will arrive towards the end of the week. This annoys you, as you need to wash your clothes. In this instance you must realise that the landlord has done everything in his power to remedy the problem and it will be dealt with as quickly as possible. In the meantime you will need to either visit a launderette or wash your clothes by hand.

As a general rule, 28 days should be allowed for non-urgent repairs. Urgent repairs, such as plumbing, should be attended to within 24-48 hours from the time they were reported to the landlord.

What if the landlord fails to get the repairs done?

If the landlord fails to undertake repairs within the given timeframe, having been notified in writing of the problem(s), you have the right to report the problem to the Environmental Health and Trading Standards Service at Portsmouth City Council. The Council have powers to enforce repairs or if necessary, undertake the repair themselves and charge the landlord. Always ensure that you have taken the correct steps to report the problem to your landlord before contacting the Council. The Environmental Health and Trading Standards department at Portsmouth City Council can be contacted on 023 9283 4250.

Can I withhold my rent to get the repair(s) done?

Not generally. If a tenant does not pay his/her rent the landlord can issue court proceedings to claim arrears once sufficient rent is owed. In certain circumstances it may be possible for the tenant to undertake the repair themselves and deduct the cost of the repair from their rent. If you are considering this course of action, please seek advice first.

Access to the property for repairs – can the landlord enter when they wish?

Under the terms of the Housing Act 1988 the tenant grants the landlord access to the property to carry out necessary repairs. The landlord has the right to enter the property with your permission. It is usual to expect 24 hours' notice from the landlord in such circumstances although you may agree to allow them access informally.