Disrepair
Click the links below to find out more about...
- Introduction
- The responsibilities of a landlord/agent or owner
- Your responsibilities
- Preventing condensation
- Noise and Nuisance
- Using the Environmental Health Department
- Pest control
- Reporting disrepair
- Arranging access for repairs
- How long should repairs take?
- What to do if the repairs are not carried out?
- Compensation
- Sample Letters
- Sources of Help and Advice
1. Introduction
What do you expect? It's only a student house...
There is absolutely nothing in housing legislation to say that 'student accommodation' can or should be of a lower standard than other properties let by landlord/agents. The attitude 'what do you expect, it's only a student house?' is a get out clause used by a few landlords/agents who do not want to meet their legal obligations in providing a safe and well maintained property. Your health and safety could be at risk if you accept substandard conditions. This booklet explains your rights and responsibilities and how you can enforce the rights that you have in law.
Your landlord/agent is only legally obliged to repair the property and maintain it to a safe standard. They do not have to make improvements unless these are written into the contract.
2. The responsibilities of a landlord/agent or owner
Your rights to repair will differ if you live in a property with the owner or if you rent from a landlord/agent and have exclusive possession of the property.
Renting from a landlord/agent
This is where you have signed a contract either direct with the landlord or via an agency. If it is the latter it is important to remember that both the landlord and the agent who represents them, have equal responsibilities for ensuring that repairs are carried out. The agent can not refuse to undertake essential repairs by simply saying that the landlord will not authorise the works to be done. You have a legal right to live in a property that is safe and well maintained. The landlord/agent has a legal responsibility to:
- Maintain the structure and exterior of the house. This includes, roofs, guttering, windows, drains and garden walls.
- Have all gas appliances serviced and checked every 12 months by a Gas Safe Register registered engineer (see the page on Home Safety for more information).
- Automatically provide a copy of the gas safety record when you move in/or have one displayed in the property.
- Keep in working order the installations for the supply of gas, electricity, water and sanitation. This includes pipes
- Repair the sinks, WC, hot water, space heaters and gas appliances.
- Repair and maintain any appliances that are in the property when you move in. This includes cooker, fridge, freezer, burglar alarm and fire detection systems. They are not responsible for any appliance that you take into the house e.g. television or microwave.
- Provide adequate bathroom and kitchen facilities. Leeds City Council Environmental Health recommends 1 toilet, kitchen facilities (e.g. cooker, fridge) and shower/bath to six tenants. Make good any damage to the decoration of the property caused by the repairs and clean up afterwards.
- Cover reasonable costs for alternative accommodation if you need to move out during repairs.
The landlord/agent can not pass on responsibility for these legal obligations by putting clauses in your contract. For example, making you responsible for maintenance of drains or gas fires where central heating has been installed.
Living with the owner
If you live with an owner you have fewer rights to repair, unless your contract is specific about what repairs the owner has agreed to cover. If your contract is not specific, but the disrepair is likely to endanger the health and safety of the household or members of the public, Environmental Health (link to below) can request essential works are carried out. This could cover gas safety and damage to the structure of the building.
3. Your Responsibilities
You should always treat the property in a 'tenant like manner'. This means:
- Report all disrepair, in writing, promptly. If further damage is caused because a repair was not reported i.e. leak from the roof that damages the ceiling and/or walls, the landlord/agent may charge the household for any excess damage.
- Take all reasonable steps to ensure that you and your guests do not damage the property.
- Undertake minor day to day maintenance, for example unblocking sinks and replacing light bulbs.
- Keep the property clean, including the cooker, fridge and freezer, toilet, and bath/shower area.
- Protect the property during periods of absence i.e. if you have a burglar alarm make sure you use it and that all doors/windows are secure when you leave the property.
- In the winter ensure that the heating is kept on a low heat to prevent the pipes from freezing.
- Keep the garden and bin areas clean and tidy. All rubbish should be carefully bagged and put in the rubbish bins provided. Environmental Health have the power to fine residents for untidy garden/bin areas. If you have excess rubbish contact the Cleansing department of your local Council who may remove it free of charge.
4. Preventing Condensation
Condensation is caused when moisture meets a cold surface (such as a window) or a surface that gets little air (e.g. behind a wardrobe) and water droplets are formed. The water then seeps into windows and/or runs down the walls, which in turn can cause wallpaper/paint to peel and create mould patches. It is your responsibility to take reasonable steps to prevent condensation.
- Close the kitchen door when cooking and if possible keep a window open. Use extractor fans where provided.
- Cover pans when boiling.
- When having a bath/shower keep the door shut. Open a window/use extractor fan (if provided) and keep the bathroom door shut when you have finished.
- Dry clothes outside or in a room with an open window.
- Try and keep heating on a low constant temperature, increasing the heat as and when required. This will eliminate the cold surfaces. This would not necessarily increase your bills because a room is more expensive to heat from cold.
- Move large items away from walls i.e. bed/wardrobe.
5. Noise and Nuisance
Local Councils have legal powers to take action on noise pollution. The Council could ultimately confiscate equipment and/or impose a fine of up to £5000. If you experience problems such as loud music late at night/early hours of the morning, report it to Environmental Health. They will investigate your complaint and send a letter to the offending party. If the problem continues, noise monitoring equipment may be used. The evidence gathered from this could be used in any legal action.
A landlord/agent can take action in the courts to repossess a property on the grounds of nuisance. This covers behaviour that is likely to cause nuisance and annoyance to surrounding neighbours by either a tenant or their friends. If you experience problems of harassment or intimidation contact your owner/agent. If they take no action contact The Student Advice Centre for advice and assistance.
Remember that you are part of a community and these powers are also open to your neighbours. Be considerate and keep the noise down when you arrive home after a night out. If you have a party keep the noise levels down. Out of courtesy you should inform your neighbours or invite them.
6. Using the Environmental Health Department
Environmental Health Officers will investigate complaints of disrepair which include:
- Gas and electrical safety
- Fire safety and means of escape
- Overcrowding
- Problems of damp
- Noise problems
Officers have the power to serve legal notices on the landlord/agent requiring works to be carried out within certain time limits. They can also prosecute the landlord/agent if the works are not done. You should bear in mind that the process is not always quick, unless there is an immediate risk to the health/safety of the household. Always contact the landlord/agent to get repairs done before involving Environmental Health. The latter can be involved if the landlord/agent refuses or fails to undertake repairs.
You can arrange for an inspection by contacting an Environmental Health Officer, giving them a brief description of the disrepair. They will then arrange a date and time to visit. The service is free of charge.
7. Pest Control
Most Council Pest Control officers will deal with rat and cockroach infestations free of charge because they are classed as prejudicial to health. However, there is normally a charge for dealing with mice and flea infestations as these are not seen as immediately detrimental to health. Mice can be attracted to a property because of overflowing bins and food scraps and fleas can be brought into the house if you have pets. If this is the case any charge incurred by the landlord/agent can be passed on to you.
8. Reporting Disrepair
Report all disrepair immediately. The landlord/agent's responsibility for repairs starts when they are aware or could reasonably be expected to have become aware of the disrepair. If you wish to move out because of disrepair, you are strongly advised to seek advice first as you could still be liable for the rent. Use an independent advice service e.g. The Student Advice Centre.
Always report repairs in writing (see the sample letter A). Problems can occur when you just report disrepair over the phone; you may speak to the wrong person, the message may be lost or the incorrect details could be taken down. If you later want to claim a rent rebate because of disrepair you will need some proof as to when the disrepair was first reported.
If a landlord/agent has their own repair forms, make sure you use them, but always ask for a photocopy of any forms you complete. Be specific; state the exact problem, which room and what the affects of the disrepair are.
9. Arranging access for repairs to be carried out
Ideally the landlord/agent should arrange a suitable time and date with you. Access should not be given to workmen without your prior agreement unless the repair is an emergency. Workmen should always secure the property when leaving and should clean up after they have finished. If you have any problems whilst work is being carried out raise them with the landlord/agent.
10. How long should repairs take?
Always give the landlord/agent a reasonable time scale to work to.
Priority One: Emergency Repairs - Within 24 Hours
Any repairs required in order to avoid a danger to health, risk to the safety of residents or serious damage to buildings or residents' belongings. For example: gas appliances, no hot water, broken WC, external door locks.
Priority Two: Urgent Repairs - Within five Working Days
Repairs to defects that materially affect the comfort or convenience of the residents. For example: leaking roofs, minor mice infestation or minor cracks in windows.
Priority Three: Non Urgent Day To Day Repairs - Within 28 days
Repairs that are not covered by the above two categories, for example, guttering, replacing window frames.
11. What to do if the repairs are not carried out?
Send a follow up letter (see sample letter B,) stating that repairs are still outstanding. Depending on the nature of the disrepair, give the landlord/agent between 24 hours and 36 hours to respond. If they fail to respond seek advice from an appropriate independent advisory service such as The Student Advice Centre.
It is not advisable to simply stop paying rent because the landlord/agent could take legal action against you for rent arrears.
12. Compensation
If you have suffered financial loss, inconvenience or damage to your property because of disrepair, you may have a case to claim a rent rebate from the landlord/agent. Examples could be loss of cooking facilities for more than 24 hours, having to move out of your bedroom or have lost the use of the lounge due to serious or extensive disrepair, loss of facilities such as a shower, bath or hot water.
Discuss the issue of a rent rebate with the landlord/agent first. You need to clearly state why you feel compensation is warranted, giving specific examples. If an agreement can not be reached, you could deduct the money from your rent. However you must be aware that if the landlord/agent disagrees with your claim, they could take the money from your deposit, or take action in the small claims court to recover any shortfall in rent. Seek advice from an independent advisory service e.g. the Student Advice Centre, before taking the step of deducting rent.
13. Sample Letters
Sample letter A. Click here to download
Sample letter B. Click here to download
14. Sources of Help and Advice
The Student Advice Centre, first floor of the Union building, tel: 0113 380 1300, fax: 0113 380 1301, email: advice@union.leeds.ac.uk
Unipol Student Homes, General Enquiries and Code of Standards, tel: 0113 2430074, fax: 0113 2343549, email: info@unipol.leeds.ac.uk, website: www.unipol.leeds.ac.uk
CAPITA - Gas safety register, register@gassaferegister.co.uk; 08004085577
Health and Safety Executive - Gas Safety Advice Line, tel: 0800 300 363
Trading Standards - Checking furniture meets with fire safety regulations, tel: 0113 2536111
Transco, Gas Leaks, tel: 0800 111999
Leeds City Council:
- Reporting Disrepair and Noise Problems - Environmental Health Department, tel: 0113 2477647
- Rubbish Collection - Cleansing Department, tel: 0113 2477477
- Pest Control, tel: 0113 2477477
- Leeds City Council Code of Standards, tel: 0113 2476240
Wakefield Metropolitan Borough Council:
- Reporting Disrepair and Noise Problems - Environmental Health Department, tel: 01924 306906
- Rubbish Collection - Cleansing Department, tel: 01977 722 090
- Pest Control, tel: 01924 306459
Barnsley Metropolitan Borough Council:
- Reporting Disrepair and Noise Problems - Environmental Health Department, tel: 01226 770770
- Rubbish Collection, tel: 01226 772045
- Pest Control, tel: 01226 773865
Bradford Metropolitan Borough Council:
- Reporting Disrepair and Noise Problems - Environmental Health Department, tel: 01274 753531
- Rubbish Collection - Cleansing Department, tel: 01274 751000
- Pest Control, tel: 01274 753926
Please be aware that we are only able to advise current or prospective students of Leeds University.
These pages are for guidance only and are not a substitute for diverse legislation that they cover. The information was checked and correct at the time of writing. LUU Student Advice Centre is not responsible for the content of external websites.
If you have any comments or queries about this page please email: advice@luu.leeds.ac.uk.
LUU Student Advice Centre October 2006
