Do you need repairs in your rented home ?

Most landlords act in a responsible way and keep their properties in good condition.
However, some landlords do not.  By not carrying out necessary maintenance the property will fall into a state of disrepair.
If your home needs repairs then the Council’s Housing Standards Team may be able to help. Housing Standards has a range of powers and if necessary can force a landlord to complete repairs where there is a serious risk to your health or safety. 

Before contacting the Housing Standards Team you must consider the following:
1. Have you contacted your Landlord or Managing Agent to request repairs. If not, this is the first step.
2. If you have decided to contact us, be aware that we are obliged to write to your Landlord to explain that we are visiting.
3. Ensure you are aware of the terms of your tenancy agreement, and in some cases the Landlord may ask you to leave (retalitory eviction).

What safety checks does a landlord have to carry out?

Property which is rented must meet certain health and safety standards by law. If a landlord doesn’t meet these standards they are risking their tenant's safety and they could have legal action taken against them.

The law says that gas appliances must be properly installed and maintained to avoid the risk of carbon monoxide poisoning. A landlord must get central heating systems, heaters, fires, cookers and gas pipework and flues checked once a year by a Gas Safe Register registered installer. They must have a Landlords Gas Safety Certificate to show that this has been done.

If you are a tenant and you do not have a copy of a current Landlords Gas Safety Certificate for the gas appliances at your property you can click here to report this online to the Health & Safety Executive (HSE).

The electrical system does not require a similar check although a landlord must ensure that the electrical system and any electrical appliances are safe, suitable for the purpose and is maintained in good working order.

All furniture and furnishings included in the accommodation must meet the fire resistance requirements in the Furniture and Furnishings (Fire Safety) Regulations 1988 and carry permanent labels confirming this. This applies to anything that is upholstered or has a filling - like sofas, armchairs, mattresses, pillows, padded headboards and cushions. Further information on this is available from the trading Standards department of Staffordshire County Council.

I am a tenant and there are some problems with my house. What can I do?

Normally, your landlord is legally responsible for repairs to the structure of the building: the roof, windows, doors, drains, gutters, baths, sinks, toilets, heating, hot water, damp and general building repairs. You must do minor jobs, like replacing fuses, or clearing a blocked sink. You must also repair damage that you or your visitors have caused.

When a repair needs doing, tell the landlord in writing as soon as possible. Or phone them if it’s an emergency (such as a burst pipe). You have to give the landlord a reasonable time to do the repair. There are no hard and fast rules about how long work should take; it depends on the urgency of the job. A blocked toilet should be repaired much more quickly than a sticking window for example.

Your landlord has the right to come into your home to check what needs repair - but they must give you at least 24 hours notice, and must come at an agreed time (although you’ll obviously want them to come as quickly as possible if it’s an emergency job).

I have asked the landlord to do repairs and he hasn’t done anything. What can I do?

Before you do anything further you should be aware that your landlord might respond to your complaint by giving you notice to terminate your tenancy (notice to quit). The landlord can do this if you have a shorthold tenancy which has run longer than the initial period for which it was granted - normally six months. Under these circumstances the landlord does not need to give a reason to give you notice to quit and seek possession through the courts.

It is not advisable to stop paying rent because your landlord fails to carry out repairs.
There are circumstances where you might be able to use the rent to pay for repairs yourself but you must follow the correct procedure. We strongly recommend that you seek advice from a solicitor or professional housing advisor before you do this.

If your landlord has not responded or has failed to do the work, you can ask us to investigate whether there are any health and safety hazards in the property. You can also sue the landlord in court. The court can award damages and order repairs to be done. Get advice from a solicitor or professional housing advisor before taking court action.

What does the Council do when it investigates a complaint about housing?

If you ask us to investigate we will need to visit and carryout a  housing health and safety inspection of the property.
If we believe there may be an imminent risk of serious injury we will normally visit within 1 working day. (9am - 5pm Monday-Friday). In less serious cases we aim to visit within 5 or 15 working days, depending upon the alleged disrepair. 

Our assessment will use the Housing Health and Safety Rating System that identifies high-risk (category one) hazards and lower-risk (category two) hazards. If any category one hazards are found the Council has a duty to take action. This action will be one of the following:

• Hazard Awareness Notice - Formal notification of the problem to the landlord
• Improvement Notice - Requires the landlord to take action
• Prohibition Order - Stops the all or part of the property from being used
• Emergency action - When the Council takes emergency action to remove an imminent risk of serious harm
• Demolition Order - Requires vacation and demolition of the property

When we choose which option is the most appropriate we will follow guidance issued by the government and our own Enforcement Policy. In most cases we will either serve a Hazard Awareness Notice or an Improvement Notice.

Failure to comply with a notice or order could result in the council completing the repair at the landlords cost and/or the landlord being prosecuted.

Links

Repairs - A Guide for Landlords and Tenants

Citizens Advice Bureau - Disrepair in Rented Accommodation

www.tenancyagreement.com  - information about tenancies including tenant rights and responsibilities

(note however that the Council does not endorse external websites)

If you require any further information please contact:
Housing Standards Team
Tel: 01283 508680
Email: housing@eaststaffsbc.gov.uk