One in five households – more than 11 million people – are renting from a private landlord in England. The proportion renting privately has nearly doubled in the last 20 years, despite rising concerns over extortionate rent, poor living conditions and the rise of “no-fault” evictions.
Despite a growing number of people renting for longer periods, tenants are often unsure who to turn to for help. Here is a brief explainer on the law.
Who is liable for repairs on my privately rented property?
The landlord is generally responsible for keeping in repair anything to do with the structure and exterior of your home. For example, the walls, roof, foundations, drains, guttering and external pipes, windows and external doors. This also includes the water and gas pipes, electrical wiring, water tanks, boilers, the heating system and the bathroom pipework and amenities.
Citizens Advice points out that landlords are not allowed to pass on the cost of any repair work to tenants as it is their responsibility. That said, landlords only have to make repairs when they know there is a problem – so make sure you tell them about any work that is needed.
No-fault evictions in England ‘soaring out of control’, say campaignersRead more
Who should I tell if my property needs urgent repairs?
In the first instance, tenants are encouraged to tell their landlord and/or letting agent in writing about anything that needs fixing. If work is not completed in a timely way, however, then tenants can contact their local authority.
Tenants may not realise that local authorities in England are responsible for overseeing private rented landlords as well as social housing.
Usually, the council’s housing or environmental health team initially try to informally prompt the landlord to take action. If this does not work, they can carry out an inspection under section 4 of the Housing Act 2004 and complete checks under the housing health and safety rating system.
The council will then decide whether to issue the landlord with informal advice or serve a legal notice ordering them to address the serious defects.
The rental law anomaly
Unlike other aspects of daily life – such as driving a car or selling food, both of which must be safe by law – it is not an offence to rent out a property that has serious defects, even those that could pose a serious risk to health and safety.
As the law stands, it only becomes an offence if the landlord refuses to fix a problem once it has been brought to their attention. But this requires the tenant to report the problem first, then for the local authority to order repairs, and finally for the landlord to decline to take swift action.
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This is an area of law that housing experts are keen to change. The government has said it intends to introduce a “decent homes standard” for the rented sector, which would mean landlords were legally bound to make sure their property meets a reasonable standard.
Nevertheless, there has been no hint as to when this might be introduced. It is not included in the renters’ (reform) bill going through parliament and the government has just concluded a six-week consultation on the plans.
The law on no-fault evictions
A section 21 notice is when a landlord can terminate a short-term let without having to give an explanation, also known as a no-fault eviction. Campaigners say it is forcing tenants to live in constant fear of being evicted if they raise concerns about the property.
The government had been due to abolish no-fault evictions as part of the renters’ (reform) bill but backtracked after landlords raised concerns.
Tenants should check that a section 21 notice is valid before they do anything else. Citizens Advice has a helpful explainer. If the notice is valid, the landlord will still have to go to court to get a possession order and a warrant for eviction. Local authorities and councils can help tenants challenge these under the law.
