Landlord Repairs Guide

1 Introduction

Landlords are expected to keep any property they let to tenants, in a good state of repair and well maintained. There are legal requirements as well as best practice for the safe and effective letting of a premise.

In addition to any repair responsibilities expressly set out in the tenancy agreement; common law and statute will imply terms to the agreement between landlord and tenant. These are obligations between the landlord and tenant which may not be set down in the agreement but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they have not been specifically agreed between the two parties.

As a general rule the building itself and the immediate surroundings should be able to withstand normal weather conditions, and normal use by tenants and their visitors. It must be in a reasonable state of repair both internally and externally, and fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside or condensation.

Statutory and Common Law requires that there should be no unacceptable level of risk to the health or safety of the occupiers or their visitors. Remember that if the tenant or visitors have an accident or suffer injury due to the poor condition of the property (for example a fall caused by a broken handrail or respiratory diseases caused by damp conditions), you may be liable to them for damages for personal injury.

There are other specific obligations to repair and maintain, such as

the Housing Health and Safety Rating System
responsibilities for gas and electrical safety
furnishings and fire safety
responsibilities of managers of Houses of Multiple Occupation.

Statutory implied terms - Landlord and Tenant Act 1985 (as amended)

Section 11 of the Landlord and Tenant Act 1985 (which replaced S.32 of the Housing Act 1961) is a statutory implied term that the landlord shall keep in repair:

the structure and exterior of the dwelling
the installations for the supply of water, gas, electricity and sanitation
the installations for the supply of space heating and water heating
the communal areas and installations associated with the dwelling (S.11 as amended by S.116 of the Housing Act 1988).

The Act also provides that the standard of repair necessary will vary depending on the ‘age, character, and prospective life of the property and its location’.

Statutory implied terms - Access to property

Landlords (or people authorised by them) who are subject to the provisions of section 11 of the Landlord and Tenant Act 1985, have the right to access the property for the purpose of viewing its condition and state of repair [section 11 - subsection (6)]. The access can only be at reasonable times of the day and after giving not less than 24 hours notice in writing. This section does not extend to actually carrying out the repairs. However, the right to enter to do repairs (subject to notice being given) is generally included in tenancy agreements. In addition, if the tenant refuses to allow the landlord access to carry out the repairs, the tenant will not be in a position to complain about the property or to claim for damages for disrepair or for personal injury caused by the disrepair. Indeed if the tenant’s failure to allow the landlord access to do the works results in further deterioration or damage to the property, they may be liable to the landlord (entitling the landlord, for example, to deduct the additional costs incurred from the damage deposit). Note that although section 11(6) gives the landlord the right to enter the property (after having given notice), this does not mean that the landlord is entitled to enter the property at that time regardless if the tenant asks the landlord not to. However, if the particular appointment time is inconvenient, the tenant will be expected to consent to an appointment at another time.

If the tenant refuses to allow the landlord access at all, the tenant will be in breach of contract. In some circumstances (for example if the property is clearly in disrepair) this may entitle the landlord to apply for an order for possession. Landlords should not enter the property without the express permission of the tenant. Where a tenant has given permission, but has advised they will not be at the property themselves, landlords are recommended to ensure they are accompanied by a witness. If they don’t do this, they may be making themselves liable to a claim of harassment, or be vulnerable to allegations of theft if the tenant claims that property has gone missing.

Statutory implied terms - Breach of repair obligations

The landlord will not be liable for works or repairs caused by the tenant’s breach of his obligations under the tenancy. Action can be taken by the tenant in the County Court for breaches of the landlord’s repairing obligation. This is a civil action and tenants can claim compensation for damage and inconvenience resulting from the breach. The landlord should receive notice of this in advance of any claim being brought, as tenants are now obliged to comply with the ‘Pre-action Protocol for Housing Disrepair’. This protocol provides that tenants must inform their landlord in writing (an ‘early notification letter’ followed by a ‘letter of claim’) of all relevant matters before issuing legal proceedings. The protocol gives full details of the information to be provided and specimen letters. If the tenant does not comply with the protocol, the landlord can ask the court to stay the claim until the provisions of the protocol have been complied with. Further details can be obtained from the court service website - see link in the Additional Resources section.

Section 17 of the Landlord and Tenant Act 1985 requires specific performance by the landlord where there has been a breach, i.e. the payment of compensation will not be sufficient remedy. This means that the county court can make an order requiring the landlord to fulfil the express or implied repairing terms of the tenancy agreement. The county court can make an injunction requiring the landlord to do repair work which may or may not be within the terms of the contract. If the landlord fails to carry out the works required by the court order, the landlord, or its named officer, can be committed to prison for contempt. The county court can alternatively direct that the repairs be undertaken by or on behalf of the tenant at the landlord’s expense.

Damages can still be claimed even if the works are carried out by the time the case reaches Court. In practice it is rare for these extreme measures to be used. However you need to be aware that these penalties exist, and should be careful to deal promptly with your repairing obligations when they arise. It is after all protecting your financial investment. If the property is properly insured most costly repairs and works should be covered by the insurance policy.

Statutory implied terms - Defective Premises

The landlord is not impliedly liable for dangerous defects; however Section 4 of the Defective Premises Act 1972 places a duty of care on the landlord in relation to any person who might be affected by a defect, ‘to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury and from damage to their property caused by a relevant defect’. This is civil redress. A defect is relevant if the landlord knew about it or should have known about it - the fact that a defect has not been reported or there has been a failure to inspect (e.g. rotten floorboards or joists) does not remove liability. It is for this reason that it is important that landlords (or their agents) carry out regular inspections.

In this case the premises includes the whole of the letting - i.e. including gardens, patios, walls, etc - and can be applied to the communal areas of estates, including lifts, rubbish chutes, stairs and corridors. Section 4 provides tenants or other affected persons with the right to seek damages for personal injury or damage to property.

Statutory implied terms - Occupiers’ duty of care

Section 2 of the Occupiers’ Liability Act 1957 provides that the occupier of a property has a duty of care to all visitors who come onto their premises. This applies to landlords where they are the legal occupier of some parts of their rented stock e.g. using areas such as lifts and common parts.

The duty means taking such care as would be reasonable in all circumstances to see that the visitor is reasonably safe in using the premises for its purpose. The landlord is liable for any injury caused to a visitor as a result of defects in the part of the building occupied by the landlord.

2 Housing repairs responsibilities

2.1 What the Landlord is responsible for

If you are a tenant, the Landlord is responsible for more serious repairs to your home. These are usually problems relating to the structure of the property and its installations like water and electricity. Examples include:

repair and replacement of external doors and fixing faulty locks on front door
unsafe power or lighting sockets or electrical fittings
problems with your water supply, heating or lighting
blocked drains, sinks, baths or basins and toilets which don't flush
leaks from water or heating pipes, tanks or cisterns
lifts not working, or
making your home safe after vandalism, racial attack or domestic violence.

2.2 What the Tenant is responsible for

You are responsible for keeping the inside of your home in reasonable condition and smaller repair jobs. These include repairing or replacing:

internal doors (except kitchen and fire doors)
internal glazing (except to make safe)
gates, garden paths and fences (except those leading to the property or next to public walkways)
kitchen furniture (except worktops damaged by normal wear and tear)
repair and replacement of wall tiles (but excluding splash back tiles around the bath, sink and basin)
new locks because you have lost or damaged your key
internal decorations, and
anything that you have installed yourself.

If you are responsible for damage to your property or disrepair of it through neglect, we may carry out the work for you but charge you for it.

3 How we prioritise requests for repairs

To make sure we respond quickly to serious problems requiring urgent or prompt attention, we prioritise your repair request by the nature of the problem and set time frames for completing the work.

When you contact Lexton London, our staff will get information from you to work out whether your problem is:

Priority Repair	Time Scale
Emergency Repairs	Make safe within 6 hours of the repair being reported
Priority 1 Repairs	Complete by the end of the next working day (including the day of report)
Priority 3 Repairs	Complete within 4 working days (including the day of report)
Priority 7 Repairs	Complete within 8 working days (including the day of report)
Priority 25 Repairs	Complete within 26 working days (including the day of report)

3.1 Emergency Repairs – Make safe within 6 hours of the repair being reported.

We operate an emergency repair service to deal with the following types of serious repairs:

Burst pipes which are causing significant damage
Bare electrical wires
Total loss of electricity
Broken windows affecting security
Blocked drains which are causing sewage to spill out

3.2 Priority 1 repairs – Complete by the end of the next working day (including the day of report)

Where premises are insecure as a result of vandalism, racial attack or domestic violence
Where failure of block door entry system does not allow residents/visitors to enter/exit a block (temporary repair to allow access/exit)
Blocked drains causing upsurge of waste, water into wash-hand basin, bath, sink or WC
Total failure of cold water supply
Total loss of heating or hot water (30 October - 31 May)
Toilet not flushing where there is no other working toilet in the home
Total loss of electric power
Unsafe power, lighting socket or electrical fitting
Total failure of communal staircase lighting
Storm, accident or flood damage to the structure
Lift fault (where there is only one lift) or no other lift services every floor
Glazing repair where there is a security or injury risk
Removal of obscene and racist graffiti in resident or communal areas.

If you report these problems within normal working hours we will aim carry out the work within the next 24 hours as long as we can gain access to your home. If you call outside normal working hours, we will try and keep to the same response time but, depending on the severity of the repair, some may have to wait until the following day.

You should remember that if it is necessary to attend an emergency repair job and you are responsible for the repair, then you will be charged not only for the repair but also for the call out as well.

While every effort will be made to rectify the problem with a 'permanent repair' this may not always be possible. Our operative will at the very least make the situation safe. For example, if a window is broken we will secure it with a wooden board, if it is our responsibility. We will then return at a later date to re-glaze the window.

3.3 Priority 3 repairs – Complete within 4 working days (including the day of report)

Partial loss of electric power
Partial loss of water supply
Total loss of heating/hot water (1 June – 29 October)
Partial loss of heating or hot water
Block door entry phone not working
Tap which cannot be turned off
Loose or detached banister or hand rail
Rotten timber flooring or stair tread.

3.4 Priority 7 repairs - Complete within 8 working days (including the day of report)

Minor leaks to internal water services
Defective individual water services
Leaking roof
Individual door entry phone not working
Broken mechanical extractor fan in kitchen or bathroom

3.5 Priority 25 repairs - Complete within 26 working days (including the day of report)

Renewal or replacement of storage tanks, hot water cylinders
Immersion heaters or sanitary-ware which is unusable or
unsanitary and not covered by other priorities
Repair or renewal of waste water pipes, defective ball valves, faulty taps etc.
Repairs to defective central heating appliances not covered by other priorities
Repairs to wooden floors
Re-glazing of external windows and doors
Repairs to blocked and leaking gutters and rainwater pipes
Minor repairs to external doors, windows and roofs
Repairs to external rendering, pointing, air vents, etc
Minor repairs to steps and staircases
Block door entry phone not working
Removal of non-offensive graffiti

4 Repairs that tenants pay for

Repair work recharged to the tenant

Where the tenant is responsible for the damage to the property or bad condition (disrepair) of it, Lexton London may carry out the repair work and recharge the tenant for it.

If the tenant is moving out of your home they should remove all property and any non-standard equipment that they have installed before they depart. If such equipment is not removed we may have to remove it and charge the tenant for its removal, as well as any other repair work required.

Examples of rechargeable repairs

The following repairs are the tenant's responsibility and will not normally be carried out by Lexton London:

Bathroom floor coverings
Kitchen floor coverings
Re glazing within the dwelling (unless crime number given)
Chipped baths, sinks and wash hand basins
Disinfestations (except in communal areas)
Damage to tenant's front door (unless Crime number given)
Damaged bath panels
Replacement of bath/sink plugs
Washing lines
Any domestic appliance
Loose door handles
Blown fuses
Built-in wardrobes
Toilet seats inclusive of all fittings.
Tenant's own shower
Replacement of light bulbs and fluorescent tubes of all kinds, shaver lights and battery operated smoke alarms.
TV aerial (unless it's a communal aerial)
All works associated with 'lock outs' - getting access, replacing locks and keys.
Bleeding radiators
Draught excluders to doors and windows
Garden clearance (except tree lopping where necessary)
Additional security
Tap Washers
Clearing blocked kitchen sinks, hand basins, baths and bidets, and clearing blocked external gullies.
All repairs associated with the Tenants defective appliances
All repairs caused by tenant misuse, neglect, damage and/or the same caused by visitors and family.
Unwarranted call outs.
Internal door repairs
Water penetration caused by, for example, defective washing machines, taps left running, leaks not reported
Internal decoration, including laminate flooring

5 What happens when repairs are carried out

We use repairs contractors who are responsible for carrying out most repairs. They carry identification cards to show who they are, so you can feel secure letting them into your home when they call.

If the tenant is out, they will leave a calling card for the tenant to phone and arrange a time for them to come around again.

We expect everyone involved in the delivery of the repairs service, including our staff and our contractors, to conduct themselves in a friendly and polite way when dealing with the public. They will:

always carry identification and tell you their names
never use offensive behaviour or foul or abusive language
not smoke in your home and turn off any radio or cassette when asked
follow health and safety regulations
make sure no damage is caused to your belongings in the course of carrying out the work
Leave your home clean and tidy following the completion of the work.

Gas Servicing

Lexton London will write to you when a service is due. You must make satisfactory arrangements to allow the contractor access to your home, because by law we must service and check each appliance every year.

We will also check any of your gas appliances for safety (e.g. gas cooker). If it is faulty then the engineer will advise you of this and disconnect the appliance. It is YOUR responsibility to arrange for repair or replacement with a suitably qualified contractor.

Gas leaks

If tenants think there is a gas leak in their home (or nearby) they must contact Transco at once - telephone 0800 111 999.

In the mean time:

turn the gas off at the meter
open the windows and doors to let the gas out
extinguish any naked flames
do not turn any electrical switches or sockets on or off
get in touch with Transco at once (telephone 0800 111 999).

Meters and Supplies

Gas, electricity and water meters and supplies are your responsibility (as a contract between the tenant and the supplier). If you have a card or token meter and you run out of credit, we cannot provide an emergency supply.

We will charge you for unnecessary callouts that result from disconnection.

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