Repair requests are an essential aspect of every tenancy. If left unattended small, easily resolvable issues within the rental property could soon present a significant risk to the safety of the occupants.
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Can You Landlord Evict You for Requesting Repairs?
As we know landlords are legally responsible for the maintenance of the rental property meaning that they are prohibited from trying to reclaim their property simply because the tenant has made a request for repairs. In the instances where the owner of a rental property tries to remove the occupants because of a repair request, the action will be considered as retaliatory eviction. With this being said, if the council has issued the owner with an improvement notice to make the needed repairs to the property then the occupants will be protected from a retaliatory eviction through a section 21 notice for up to six months. If the section 21 notice is issued to the tenant after the repair request was made and the landlord neglected to provide a response to the request within 14 days, and the tenants notified environmental health alongside the serving of an improvement notice; then the notice will be invalidated.
How Do I Write a Letter to My Landlord for Repairs?
It is also a key responsibility of the tenants to notify the landlord of any repairs that need to be carried out as whilst the owner will carry out periodic inspections of the rental property, they cannot be held accountable to make repairs they are unaware of. In many cases, the occupants can simply write to their landlord highlighting the issue at hand. Once contact has been made and a response has been obtained from the landlord they must be afforded a reasonable time in which to carry out the repairs. Whilst this does not offer much clarity to tenants, what is constituted as reasonable varies on the repairs that need to be carried out, with a broken window being far faster than a burst pipe.
What Does a Landlord Need to Repair?
Section 11 of the Landlord and Tenant Act 1985 details that landlords are responsible for the repair and maintenance of the structure and exterior of the rental property; with their duties comprising the drains, gutters and pipes, alongside any gas, water and electrical installations, ensuring that all of these are kept in repair and working order. It is also worth noting that landlords are unable to invalidate this duty through a bespoke term within the tenancy agreement as this will not be upheld.
What Are a Tenant’s Responsibility for Repairs?
When moving into a rental property the occupants will be expected to conduct themselves in a tenant like manner, simply meaning that they are expected to take on the lighter aspects of maintaining the property. Typically, this encompasses the proper disposal of waste, cleaning the interior of the property and regularly checking the fire and carbon monoxide alarms alongside the maintenance of any outdoor space, if stipulated within the tenancy agreement.
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