What landlords must repair
Landlords have a legal duty to keep a property in a reasonable state of repair under the relevant England legislation and case law [2]. That generally covers issues that affect the structure, water penetration, heating and sanitary facilities. Tenants should expect basic habitability and safe living conditions.
- boiler, heating and hot water
- plumbing, drains and sanitary installations
- roof, walls, doors and windows (structural defects)
- damp and mould caused by leaks or structural failure
What you can do as a tenant
Start by telling your landlord or managing agent in writing with a clear description and photos; official guidance on damp and mould explains common causes and steps for tenants and landlords [1]. If you rent through an agency, notify both the agent and the landlord. Keep records of every contact and any appointments offered.
- notify your landlord in writing and agree a clear remedy
- keep photos, messages and receipts as evidence
- set a reasonable time for repairs and note deadlines
- if no response, consider a court claim or application to the First-tier Tribunal (Property Chamber) [3]
When to involve the council or tribunal
If the landlord does not act, you can ask the local council's environmental health team to inspect where damp or disrepair risks health or safety. Environmental health can issue enforcement notices requiring repairs. If the council cannot resolve the matter, or where legal remedies are needed, an application to the First-tier Tribunal or a court claim are routes to consider [3].
Reporting to Environmental Health
Environmental health teams deal with hazards and can inspect and serve improvement or prohibition notices. Follow these practical steps when reporting:
- make a written report to your local council's environmental health department
- allow an inspection at a mutually agreed time
- keep copies of the council report and any repair notices
FAQ
- Who is responsible for repairs relating to damp and mould?
- Landlords are generally responsible for repairs caused by structural defects, leaks or failures of services; tenants should report issues promptly and provide access for inspections.
- How long should I wait for a repair?
- You should allow a reasonable time based on the severity: urgent hazards (no heating in winter, major leaks) need immediate action; less urgent matters should be agreed in writing with clear timescales.
- Can I withhold rent or arrange repairs myself?
- Withholding rent or arranging repairs and deducting the cost is risky without legal advice. Seek guidance, keep records and consider council action or a tribunal claim before taking financial steps.
How-To
- Notify your landlord in writing with dates, description and photos.
- Wait a reasonable, clearly stated time for the landlord to respond or arrange repairs.
- If there is no satisfactory response, contact your local council environmental health department.
- If necessary, prepare evidence and apply to the First-tier Tribunal (Property Chamber) or start a court claim.
Key Takeaways
- Report damp and repairs in writing and keep evidence.
- Allow reasonable time for the landlord to act, and note deadlines.
- Use environmental health and the First-tier Tribunal if the landlord does not resolve the issue.
Help and Support / Resources
- GOV.UK: Damp and mould guidance
- Form N1: Claim form (court)
- Form 6A: Section 21 guidance
- First-tier Tribunal (Property Chamber)
