What Are the Landlord Responsibilities for Repairs in London?

How can you disentangle landlord repair obligations from tenant responsibilities in your London rental property? If you rent out a property in south London’s Bromley, or east London’s Silvertown, Harold Hill or Seven Kings areas, you have a legal duty to ensure that it’s safe and decent to live in.

But there are some grey areas. Tenants are expected to cover certain issues, while others depend on what is set out in the tenant’s lease. To help you understand UK tenants’ rights and landlords’ repair obligations, we have outlined what you need to know in this article.

Tenants often ask questions like ‘Are gutters a tenant’s responsibility?’ or ‘Can my landlord make me pay for repairs?’ Many of the legally required landlord repairs are actually set out in law. That means you can often pinpoint who is responsible for the repairs, the landlord or tenant, according to the rules and tenancy agreement.

Here are some things you should know – including upcoming changes to landlords’ legal obligations around repairs.

Landlords’ Repair Obligations

By law, under Section 11 of the Landlord and Tenant Act 1985 to be precise, a landlord must maintain and repair:

• All items that are electric and lighting
• Everything relating to the gas supply, including the boiler and radiators
• All kitchen and toilet furniture such as basins, sinks, baths and toilets
• Gutters and outside water flow systems
• The structure and exterior of the property, including walls and windows
• Repairs on the roof
• Fixtures and fittings supplied by the landlord

Once the issue is sorted, the landlord should put right the decoration as it was when the tenants moved in, under his or her landlord repair obligations. The landlord is responsible for repairs if tenants are in arrears – their legal duty still stands.

If there’s a broken curtain rail supplied by the landlord, it’s usually their responsibility to fix it. But is a landlord or tenant responsible for repairs that are down to the tenant’s actions? In fact, tenants will be liable for any issues they cause. For example, the tenant is responsible for repairing flood damage or a toilet blocked by nappies, Even if the landlord arranges the repairs, the tenant must foot the bill.

The landlord may also be responsible for fixing or replacing kitchen appliances such as a broken oven or washing machine, but only if this is included in your tenancy agreement – so make sure you check.

Landlords’ Health And Safety Safeguards

A change in the law in March 2019 made it a requirement that landlords keep the property fit to live in. They must also make sure that there are no issues which prevent their tenants from using the property in its entirety. You can’t just block off the spare room due to damp and call it a day, for instance. If your tenants think their landlord hasn’t complied with the law, they can take you to court.

Issues covered by these landlord repair obligations include:

1. Damp And Mould Monitoring & Prevention

Under existing property repairs and maintenance legislation, every landlord must ensure there is no damp or mould in the property – and, when discovered, attended to it straight away. Soon, landlords will be legally required to treat damp, mould and other health hazards within strict time limits.

That’s because both damp and mould can be a danger to health. They are particular hazards to those with chest infections and asthma but, really, these aren’t good conditions for anyone to live in. Property-wise, rising damp can lead to dry and wet rot, while poor fitting windows is a major cause of condensation.

2. Preventing Vermin

Landlords should prevent vermin from entering into the rented flat or house by ensuring there is no entry hole for them. Tenants are responsible for small infestations which may be caused by leaving food on worktops etc.

3. Safety Of Utilities

Landlords must make sure that the gas supply doesn’t cause any problems and that it is safe to live with. That means having an annual check of both the supply and appliances by a fully-qualified Gas Safe professional.

4. Electrical Repairs

Landlords also need to make sure that wiring, plug sockets and any electrical appliances you have provided are safe.

Since 1 April 2021, landlords in England need to arrange an electrical inspection and condition report (EICR) for their rental property for all new tenancies and existing ones. Every electrical installation must then be inspected and tested at regular intervals of no more than five years, by a qualified person.

Ideally, appliances should also be checked and have a portable appliance test (PAT) sticker to show when the next inspection is due. Though PAT testing is not a legal obligation, it’s good practice.

5. Responsibility For Common Areas

Landlords are responsible for maintaining and repairing common areas in multi-unit buildings such as entrance halls, staircases, lifts and shared corridors. This covers the lighting, flooring, bannisters, door handles, door entry system – and these safety features must be kept in good condition. For example, you should check that emergency routes are kept clear, and repair faulty light fittings.

A similar rule applies inside houses in multiple occupancy (HMOs). In HMOs, the landlord is responsible for maintaining common areas within the property. That includes:

• supplying enough waste bins
• maintaining fire doors
• keeping escape routes clear
• maintaining shared kitchens and bathrooms
• keeping communal areas hygienic

Landlord Repairs Reasonable Time Frame

Tenants often ask, how long should you have to wait for your landlord to come and fix the repair you reported? There is currently no time scale for this process in law, but stricter legal time frames for repairs are coming into effect.

Under the Landlord and Tenant Act 1985, landlords’ repairing obligations include urgent action to maintain the heating and hot water supply. A shower is a priority, while a broken tile on the kitchen splashback is not quite as urgent (but will need to be fixed).

The Renters’ Rights Act’s Decent Homes Standard clarifies landlords’ obligations to provide tenants with a warm, dry and well-maintained home. Awaab’s Law, meanwhile, sets time frames for health and safety hazards according to urgency.

For example, according to gov.uk’s existing social landlord guidance, private sector landlords should expect to send contractors to investigate emergency hazards within 24 hours. Other complains should be investigated within 10 days, with remedial works starting no more than 5 days later.

Tenants’ Repair Responsibilities

Tenants are solely responsible for repairs to items which they own, but must also treat the property in a tenant-like manner – this is the other side of landlord and tenant responsibilities for repairs. This means tenants are required to carry out minor property maintenance jobs, such as replacing batteries in smoke alarms, and generally treat the property with respect.

You will be required to put right any damage caused by you or your guests, whether deliberate or accidental, but you aren’t liable for normal wear and tear. If you damage something, your landlord may offer to fix it for a fee.

1. Damage From Visitors

If a visitor causes damage, it is up to the tenant to ask them to pay for the repairs. It’s not your landlord’s responsibility. If the visitor refuses, then the responsibility for ensuring the item is put back in good working order is down to the tenants. Otherwise, when the landlord comes to check the inventory at the end of the tenancy, then they are perfectly within their rights to deduct the cost of a replacement item or repair from the tenancy deposit provided.

2. Looking After Your Home

The law says you, the tenant, must look after your home and keep it clean. Tenants are usually required to keep gardens and outside areas tidy – but check your tenancy agreement.

3. Reporting Problems

You should always report repairs to your landlord promptly, so they can get on with the job and make sure the problem doesn’t get any worse. Tenants can report the issue by phone but it’s a good idea to follow up by email to put it in writing. The law doesn’t give exact time limits for the completion of landlord repairs, but it says the work should be done within a ‘reasonable’ time. A reasonable time period for emergency repairs such as burst pipes or a faulty boiler, which leaves you without hot water, would be within 24 hours.

4. Access To Your Home

While you are renting a property, the house is effectively your own castle, i.e. no-one can enter it without the tenant’s say-so (except the police) – but you will need to allow your landlord access your rented home to inspect an issue and carry out repairs.

Unless it’s crucial they obtain access, landlords should give 24 hours’ written notice. It’s acceptable for him or her to enter their property in an emergency such as a flood, or if smoke coming out of a window indicated a fire.

If he or she did have to break into the property to gain access then they are also liable to have the door, window or whatever means they entered, made safe again. That doesn’t mean boarding up the window but having another one fitted.

In conclusion

Did we answer all of your questions about landlord and tenant repair obligations? If you are planning to rent out a property in Croydon, Redbridge, Havering or the surrounding areas, Sandra Davidson can support you. Contact us today to discuss your requirements.

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