Landlord Not Fixing Issues? What to Do Next

Written by Nadeem Vali, who specialises in representing tenants in disputes with landlords. As a partner at Graham Coffey & Co. Solicitors, he leads the housing disrepair claims team to support private and social housing tenants, and those from ethnic minority backgrounds.

Renting a home brings certain expectations for both tenants and landlords. Among these is the legal requirement that a landlord will take reasonable steps to maintain the property and address necessary repairs. This includes handling any issues that could affect the safety and comfort of the tenant. However, there are times when tenants find themselves dealing with a landlord not fixing issues despite being informed. When these repair problems are ignored, tenants can be left in difficult conditions, facing disruptions to their daily lives and potential health and safety concerns.

This post outlines practical steps tenants can take when faced with a landlord not fixing issues. It will outline how to approach the situation, from initial documentation to seeking professional advice if necessary, so that tenants understand their options and rights in resolving property maintenance problems.

Understanding your rights as a tenant

Tenants renting accommodation have a legal right to live in a home that meets basic safety and health standards. Under the Landlord and Tenant Act 1985, private landlords have the responsibility to keep the structure and exterior of the property in good repair. This means that issues such as broken windows, damaged roofing, or problems with exterior walls should be addressed by the landlord to maintain a safe and secure home for tenants.

Further backing this, the Homes (Fitness for Human Habitation) Act 2018 reinforces a tenant’s legal right to a home that is fit to live in for the entire duration of their tenancy. According to this legislation, rental properties must be free from hazards and equipped with functioning utilities, including heating, plumbing, and electrical systems. When these are faulty, repairs are needed, and it falls within the landlord's responsibility to address these concerns promptly to uphold the tenant’s right to a habitable home.

Understanding what your tenancy agreement outlines is also important. Most agreements include clauses that set out the landlord’s obligations, including the repairs needed to maintain the property in good condition. While a tenancy agreement may have its own terms, it cannot override the legal requirements set by housing laws. This means that even if a tenancy agreement does not specifically mention certain repairs, a private landlord is still required by law to make sure the property is safe and suitable to live in.

Tenants should be aware that the landlord's responsibility extends beyond addressing large structural issues. It also covers other aspects such as damp, leaks, and blocked pipes that may compromise living conditions. Knowing your legal right to these standards sets expectations and provides a firm basis for action if problems occur during your tenancy.

Documenting the problem

The first step to take if your landlord is failing to make repairs after being notified of them is to keep detailed records of the problem. This means taking clear photographs and videos that show the extent of the damage or defect. Make sure these visuals capture the issue from multiple angles and, where possible, include an object for scale to highlight the severity. Also, write down the date when you first noticed the problem and any changes that occur over time.

Maintaining a timeline can be useful if you need to take the matter further. Keep a log with dates that detail any attempts to contact your landlord or letting agent, including their responses (or lack of them). If your landlord is not fixing issues, this record will show your attempts to have the matter resolved.

It is also helpful to keep copies of all written communication, such as emails or letters, sent to your landlord or letting agent. This written communication serves as evidence that you have formally reported the issue and given reasonable time for repairs. Text messages can also be included, but official correspondence through emails or posted letters is preferable for establishing a formal record.

Documenting your problem thoroughly not only demonstrates your effort to alert your landlord but also provides a clear picture of the issue and your proactive approach should you need to involve outside help, such as local councils or tenant advice services. This evidence can strengthen your position and support your claim that the landlord is not fixing issues, should that become necessary.

Communicating with your landlord

Providing your landlord with written notice establishes a formal record that you have raised the issue and taken appropriate action. When you write to your landlord, describe the problem in detail and include any supporting evidence you have gathered, such as photographs, videos, or a timeline of the issue. This can help present a clear picture of the problem and its impact on your living conditions.

In your communication, request a response within a reasonable timeframe. Setting a reasonable time for a reply can prompt a timely acknowledgment and potential action. You should remain clear and polite in your writing. Avoid using language that may be seen as confrontational, as this can lead to delays or unproductive exchanges. A straightforward and respectful tone often leads to better cooperation and a quicker resolution.

When you write to your landlord, consider mentioning that you are looking forward to a prompt resolution. This phrasing encourages action without pressure or confrontation. Always keep a copy of all written communications, whether they are emails, letters, or screenshots of online messages. These records can be valuable if you need to take further steps or seek advice due to the issue remaining unresolved.

Repairing and deducting costs

In some situations, tenants might consider taking matters into their own hands by arranging for repairs and deducting the cost from future rent payments. This method should be used carefully and only when repair problems, such as a broken boiler or other major repairs, have been ignored by the landlord. To follow this approach within legal boundaries, certain steps need to be taken.

• Inform your landlord: It is necessary to inform your landlord in writing that you plan to arrange the repair and deduct the cost from your rent if they do not take action by a specified date. This communication should clearly state the nature of the repair problems, whether it involves repairing appliances, fixing a broken boiler, or addressing issues beyond fair wear. Having written evidence of this notification helps you to demonstrate that you gave your landlord an opportunity to fulfil their obligations.
• Obtain quotes: To show that the cost is reasonable, obtain at least two quotes from certified tradespeople. This will provide evidence that you have not overpaid for the repairs and that the work needed was assessed by professionals. This step is particularly relevant for major repairs where costs can be significant, such as fixing a broken boiler or repairing appliances that are essential for daily living.
• Use certified professionals: When arranging for the repair, it is important to use certified tradespeople to carry out the work. Keeping detailed receipts of the completed repairs will support your case if questions arise. These receipts and any related documentation should be stored safely as evidence that the repair was handled correctly and that the cost was justified.

While this approach can be effective in certain situations, tenants should seek professional legal advice before taking this step, especially if the repair involves major issues or large costs. Legal guidance can clarify whether this route is appropriate and what steps must be taken to protect your position. This method should only be used when it is clear that the landlord is not meeting their responsibilities, and it should be a last resort after giving them sufficient time and notice to address the repair problems themselves.

Involving professional help

If a landlord remains unresponsive or problems persist that affect the habitability of the property, seeking legal advice from a housing disrepair solicitor such as Graham Coffey & Co. Solicitors can be a helpful step. Professional guidance can clarify your rights and outline your options, which may include claiming compensation or negotiating a rent reduction if the property is deemed unfit to live in. This step is particularly relevant when repairs are needed for problems that could impact health or safety, such as severe damp, electrical faults, or plumbing failures.

Legal advice may also assist in assessing whether further measures, such as court action, are appropriate. If a landlord fails to address necessary repairs or the situation affects your quality of life, pursuing court action could be an option. A tenant advice solicitor can help you understand the process, prepare your case, and present supporting evidence to strengthen your position. This professional support is useful in cases where informal or council interventions have not resulted in the necessary repairs.

Taking court action can be a serious decision, but in some cases, it may be the most practical way to have repairs completed or compensation awarded. This route often involves demonstrating that all previous steps, such as notifying your landlord and giving reasonable time for a response, have been taken. A solicitor’s advice can help you follow the correct procedures and present your case effectively.

Whether you are considering court action or seeking guidance on your options, legal advice from an expert in tenant claims, such as Graham Coffey & Co. Solicitors, simplifies the process and increases your chances of securing compensation.

If you are experiencing issues with your landlord not fixing problems in your rental property and need professional advice or representation, we encourage you to get in touch with us at Graham Coffey by calling 0161 532 8996 or using our online enquiry form to request a call back.