Responsibility for repairs.

Many written tenancy agreements say which repairs the landlord must do, and which ones the tenant must do. There are certain things that all landlords must keep in good repair, whether or not there is a written agreement, under the Landlord and Tenant Act 1985. These are:

• The structure and outside of the property.
• Water, gas, electricity and drainage installations; and
• Heating and hot water systems.

Landlords must also maintain gas flues and appliances belonging to them, and get them tested every year by a registered gas fitter. They must also give a copy of the safety certificate to the tenant. In furnished flats and houses, upholstery and soft furnishings must meet fire regulations. For tenancies that started on or after 15 January 1989, the landlord must also keep the common areas (shared stairways, hallways and lifts, for example) in good repair. In a block of flats, they must do necessary work on any empty flats they own (for example, to prevent leaking pipes affecting flats below). For tenancies that started before 15 January 1989, the landlord must keep common areas in repair unless the tenancy agreement says differently.

Keep in repair' includes doing repairs which were already necessary when the tenancy started, and not just problems that have arisen since. The landlord must also 'make good' or redecorate when a repair is finished. As long as the landlord gives notice, they normally have the right to come into the tenant's home to check its condition and do any repairs that are needed. They should give notice of at least 24 hours in writing, except in an emergency. Legally, repair is not the same as renewal or improvement of a property. If you're not sure whether something counts as a repair, a housing or other advice centre should be able to help you.

.: Getting repairs done.

The tenant (or tenants' association) should tell the landlord about things that need repairing as soon as possible. It is best to do this in writing and keep copies of the let letter If the tenant has told the landlord about repairs, and they are not done in a reasonable time, or not done properly the tenant can make a claim in the county court. a tenant should get expert advice before doing this. The court can order the landlord to do the repairs. It can also award the tenant compensation for distress and inconvenience.

A quicker option may be to get an injunction from the courts, which forces a landlord to do the repairs (again, you will need advice before doing this). This may also be combined with a claim for compensation. Whatever happens, a tenant should never stop paying rent, as this could give the landlord a reason to evict them. If a tenant has to move out while major repair work is done, they may be able to claim the cost of somewhere else to stay. But a tenant should get advice before doing this, because even a temporary move could mean losing some rights as a tenant. If a tenant stays while the work is done, they may be able to claim compensation from the landlord for discomfort and inconvenience.

.: If the house or flat is unsafe.

If a home is not 'fit for human habitation' (its condition is seriously affecting the health or safety of the tenants) or if it needs other kinds of major repairs, a tenant should contact the local council's environmental health officer. The council can get the landlord to do the repairs. If the landlord doesn't carry out repairs the council has told it to within a reasonable time, the council can take the landlord to court. Or it can do the work itself and get the cost back from the landlord.

If the house or flat's condition is affecting a tenant's health and the local council won't do anything, the tenant can get the magistrate's court to force the landlord to fix the property (under Environmental Protection Act 1990). A tenant will need expert help in bringing a complaint. If the tenant arranges their own repairs If the landlord won't do minor repairs, a tenant can get the work done themselves. The cost of the repairs can be taken out of the rent. But you the tenant should get advice first, because a procedure must be followed. They must:-

• Give the landlord plenty of notice;
• Get estimates for the work; and
• Ask the landlord to pay for the completed repair before keeping back any rent.
  

.: Making improvements to the house or flat.

Private tenants can make improvements to their home only if the landlord has given their written agreement first. Tenants cannot claim back the money they've spent, but the landlord cannot put up the rent because of improvements made by the tenant.