Structural Repairs in English Rental Properties: Who Is Responsible?

Dealing with structural damage in a rented property can be worrying for tenants across England. Understanding who is responsible for fixing issues like cracked walls, subsidence, or roof defects is essential for keeping your home safe and up to standard. This guide explains your rights, your landlord's duties, relevant legislation, official complaint steps, and where to get more help—all in plain language.

Understanding Structural Damage and Your Landlord's Duties

Structural damage refers to problems affecting the main parts of a property's structure, such as:

• Brickwork, walls, foundations, or external cladding
• Roofs, chimneys, and structural timbers
• Windows, external doors, and floors (where part of the basic fabric)
• Major leaks or damage causing instability or unsafe conditions

Under the Landlord and Tenant Act 1985, landlords in England must:

• Keep the structure and exterior of the property in good repair
• Repair damage caused by events like storms, water leaks, or subsidence
• Ensure the home is fit for human habitation

As a renter, you are not usually responsible for structural repairs unless you have caused the damage through neglect or misuse. However, you do need to report problems as soon as possible to your landlord or letting agent.

Your Responsibilities as a Tenant

While landlords are responsible for most structural repairs, renters must:

• Report any damage or safety issues promptly (ideally in writing)
• Allow reasonable access for inspections and repair work
• Take care not to cause structural issues through negligence (e.g., DIY alterations)

What to Do If Your Landlord Won’t Fix Structural Damage

It’s important to act quickly if you report a structural issue and your landlord does not respond or refuses to carry out repairs. Here’s what you can do:

1. Communicate in Writing

• Always notify your landlord or agent in writing, ideally via email or letter.
• Describe the problem, include photos, and request urgent repairs.

If your landlord does not arrange repairs, you should keep records of all correspondence and evidence. This will help if you need to escalate your complaint.

2. Contact Your Local Council

• If there is no response within a reasonable time, contact your local council’s Environmental Health team.
• The council can inspect your home and order the landlord to fix serious hazards under the Housing Health and Safety Rating System (HHSRS).

3. Using Official Complaint and Tribunal Forms

• Form: Complaint to Local Authority Environmental Health
  If you want the council to investigate, you don’t need a specific form, but some councils provide their own online complaint form. Visit your council’s website via the Find your local council service and search for 'report housing disrepair'.
  Example: If your landlord ignores your written requests, complete your council's online disrepair reporting form to request an inspection.
• Form: Application to First-tier Tribunal (Property Chamber)
  The First-tier Tribunal (Property Chamber) handles disputes about private rented housing, including repairs.
  Use Form RPT5: Application relating to failure to repair (find at this official source).
  Practical example: If your landlord refuses repairs even after a council notice, you can apply to the tribunal for a decision and, potentially, compensation.

Relevant Legislation for England

The main laws covering repair responsibilities include:

• Landlord and Tenant Act 1985: Sets out repair obligations
• Homes (Fitness for Human Habitation) Act 2018: Requires all rented homes to be free from serious hazards

What to Expect from the Process

Once notified, your landlord should arrange repairs promptly, particularly where health or safety is at risk. If you involve the local council, they can inspect, issue improvement notices, or in severe cases, arrange emergency works. Using the First-tier Tribunal can lead to formal orders and, sometimes, compensation for distress or inconvenience.

FAQ: Structural Damage Repairs in English Rentals

1. Who is responsible for fixing structural damage in my rented home?
   The landlord is legally responsible for repairing structural or exterior damage under English law, unless the tenant caused it through neglect.
2. What should I do if my landlord does not respond to my repair request?
   Follow up in writing, then contact your local council's Environmental Health team. You may also apply to the First-tier Tribunal for a formal decision.
3. Can my landlord charge me for structural repairs?
   Landlords cannot charge tenants for repairs to the property’s structure unless you caused the damage through negligence or intentional acts.
4. Which tribunal deals with housing repair disputes in England?
   The First-tier Tribunal (Property Chamber) hears cases about failures to repair or maintain rental properties.
5. What official forms can I use for repair disputes?
   You can use your council’s “report housing disrepair” form or submit Form RPT5 to the tribunal if repairs are not completed after council action.

Key Takeaways for Renters

• Landlords in England must repair structural and exterior damage under law.
• Report problems in writing and act quickly if repairs are ignored.
• Use your council and official tribunal forms to escalate unresolved disputes.

Need Help? Resources for Renters

• Shelter England advice: Repairs in private rentals
• Citizens Advice: Repairs in rented housing
• GOV.UK: Private Renting Rights and Repairs
• Find your Local Council: Environmental Health
• First-tier Tribunal (Property Chamber)

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1. Landlord and Tenant Act 1985
2. Homes (Fitness for Human Habitation) Act 2018
3. GOV.UK – Private Renting: Repairs
4. Form RPT5 – Application to Tribunal: Repair Obligations
5. First-tier Tribunal (Property Chamber)

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