Who Is Responsible for Health & Safety Repairs in Rented Homes in England?

If you're renting a property in England, health and safety standards matter for your comfort and wellbeing. But when repairs are needed—like fixing a broken boiler or removing dangerous mould—who is responsible for paying? This article explains your rights as a renter under English law, what your landlord must do, and the steps you can take if repairs aren’t made quickly.

Your Landlord’s Responsibilities for Health & Safety Repairs

By law, most repairs linked to health and safety are the landlord’s responsibility. The key legal duties for landlords in England come from the Landlord and Tenant Act 1985 (sections 11-16) and the Homes (Fitness for Human Habitation) Act 2018¹.

• Structure and exterior: Your landlord pays to repair the building’s structure, roof, walls, windows, doors, drains, gutters and pipes.
• Installations: Landlords must repair heating, hot water, sanitation, gas, electricity and water installations.
• Health hazards: Under the Fitness for Human Habitation rules, landlords are responsible for fixing issues that could seriously affect your health—such as damp, mould, fire risks, and pest infestations.

The law applies whether you rent privately or from a council/housing association. Usually, you can’t be charged for these repairs.

What Repairs Might Not Be Your Landlord’s Responsibility?

You (the renter) are normally responsible for:

• Minor jobs, like changing light bulbs or fuses
• Fixing damage you, your family, or visitors cause
• Routine cleaning or keeping your home in reasonable condition

What If Your Landlord Won’t Fix Health & Safety Problems?

If you’ve told your landlord about a health or safety issue and they haven’t acted, you have options. Here’s what to do:

• Step 1: Report the issue to your landlord in writing. Keep a copy of all messages or emails.
• Step 2: Give reasonable time for repairs. Urgent health or safety risks (like no heating in winter) should be fixed quickly.
• Step 3: Contact your local council’s Environmental Health team if repairs aren’t made. They can inspect and order your landlord to fix serious hazards.

If your landlord still doesn’t carry out repairs, you may be able to:

• Apply to court under the Homes (Fitness for Human Habitation) Act 2018
• Make a complaint using official government forms

Relevant Official Forms and How to Use Them

• Form N1: Claim Form (CPR Part 7) – Used if you need to make a claim against your landlord for failing to carry out repairs or maintain your home to a safe standard. Example: You repeatedly report black mould or broken heating, but your landlord refuses to fix it. You can download the N1 form and guidance from the official government site.
• HHSRS Hazard Complaint to Council – Not a single official form, but you can make a formal complaint to your local council's Environmental Health team about hazards using their online system or by letter. Find your council’s details via Find your local council.

For health and safety repairs that aren't being done, your local council can serve an enforcement notice on your landlord to force repairs. Serious or ignored hazards may even allow you to take court action for compensation.

Which Tribunal Handles Disputes About Repairs?

If informal steps fail, you can apply to the First-tier Tribunal (Property Chamber) in England. This tribunal handles certain disputes about repairs, property standards, and rent repayment orders.

What Is the Law? Your Key Legislation

• Landlord and Tenant Act 1985 – Section 11 covers landlord repair duties in almost all tenancy agreements.
• Homes (Fitness for Human Habitation) Act 2018 – Makes sure rented homes are safe and healthy to live in.
• Official government guidance on repairs for private renters.

In summary: landlords pay for vital repairs relating to health and safety. Make sure you understand your rights and contact help if things go unresolved.

Frequently Asked Questions

1. What if I caused the damage—do I still have to pay?
   If you, your family or your guests caused the damage, you’re usually responsible for paying for the repair. However, your landlord cannot make you pay for fair wear and tear, such as carpets wearing out over time.
2. How quickly must my landlord fix urgent repairs?
   Landlords should fix health and safety hazards as soon as possible, especially if the issue is urgent (like a gas leak or broken heating in winter). For less urgent repairs, a reasonable timescale applies.
3. Can I withhold rent if repairs aren’t done?
   Usually, it is not advisable to withhold rent. Doing so could put you at risk of eviction. Take formal steps: report, document, and contact your council first.
4. What should I do if my landlord threatens eviction because I asked for repairs?
   This could be an illegal ‘retaliatory eviction’. Contact your local council or seek help from a tenant support service immediately. There are legal protections for renters who complain about conditions.
5. Are housing associations and councils also responsible for repairs?
   Yes. Social landlords (council or housing association) have the same legal duties as private landlords for health and safety repairs.

Need Help? Resources for Renters

• Government guide: Repairs and maintenance in private renting
• Find your local council to report hazardous conditions
• First-tier Tribunal (Property Chamber) for tenancy disputes
• Shelter England: Housing repairs advice
• For serious issues, get free advice from Citizens Advice – repairs in rented housing

1. Landlord and Tenant Act 1985; Homes (Fitness for Human Habitation) Act 2018