Who is responsible?
In most student lettings it will be the landlord/agent who is responsible for repairs.
If you have a written agreement, always check the terms of the agreement very carefully before you sign it to make sure that you understand exactly which repairs (if any) you will be responsible for.
Even if your agreement doesn't seem to mention repairs, tenants are always expected to look after the property they are renting and this can include responsibility for minor day to day repairs such as replacing light bulbs. The landlord is not responsible for repairs that arise as a result of damage caused by the tenant. However, under Section 11 of the Landlord and Tenant Act 1985, the landlord/lady is responsible for repairs to:
- the roof, walls, floors and windows
- the gutters, pipes and drains
- plumbing and sanitary conveniences such as baths, toilets, sinks and wash-basins
- electrical wiring, gas piping, fixed heaters and water heaters
Getting repairs done
You should notify the landlord as soon as possible about a repair. You should always report it in writing, keeping a copy of your dated letter. (sample repairs letter 1 below) Even if you have told the landlord in person or on the telephone, follow it up with a letter; it is important to keep a paper chain. Be specific about the repair and what, if any, the side affects are e.g. lack of cooking facilities means eating out. There are no set time limits on how long a landlord can take to make good a repair but once you have told them about the repairs you should give them reasonable time to carry them out. An emergency, e.g. faulty gas appliance or broken toilet should be remedied within 24 hours. Both of which would be a health hazard. Any other repairs should be carried out within a reasonable time. Unfortunately there is no definition of what is 'reasonable'. However, no heating during a very cold period should be regarded as an urgent repair and carried out as quickly as possible.
If repairs are not carried out
Send a second letter stating that repairs are still outstanding. (sample repairs letter 2 below) Depending on the nature of the disrepair, give the landlord/agent between 24 hours and 48 hours to respond. If they fail to respond seek advice from the ARC.
It's not a good idea to simply stop paying rent. The landlord/agent could take legal action against you for rent arrears. (see Withholding Rent leaflet)
The whole issue of repairs is complicated. Further advice can be obtained from the ARC and if necessary we can arrange for you to see a solicitor. Private Sector Housing of Cardiff Council will also investigate complaints if landlords fail to carry out repairs. Tel: 029 2087 3564 Email: privatesectorhousing@cardiff.gov.uk
USEFUL PUBLICATIONS
'Repairs a guide for landlords and tenants' available from the ARC or www.communities.gov.uk
'Standards in All Rented Properties' http://www.cardiff.gov.uk/ Follow link 'Living' in left column.
REPAIRS LETTER 1
Landlord/Agent's Name
Address
Postcode Date:
To the landlord/agent
Re: Property address
We are writing [further to our repeated meetings and telephone calls] to confirm that the following defects exist at the property:
[List each defect, date problem started and (if this is not first notification) when first notified to landlord/agent]
Please contact us immediately upon receipt of this letter, to arrange a time for [you to attend the property to inspect these defects and to provide us with details as to when the repairs will take place and anticipated date for completion] your contractor to attend to undertake the repair.
We look forward to hearing from you.
Yours sincerely
Send by recorded delivery
REPAIRS LETTER 2
Landlord/Agent's Name
Address
Postcode Date:
To the landlord/agent
Re: Property address
With reference to our letter dated ..........requesting that you carry out necessary repairs on the above property, a copy of that letter is enclosed. To date, you have not contacted us to arrange a suitable time for inspection or advise us when the repairs will be started. Please contact us within the next 48 hours to make these arrangements.
We are concerned that the repairs identified could be having an adverse affect on your property. If we do not hear from you within this time, we will be seeking advice to see what further action we can take.
We look forward to hearing from you.
Yours sincerely
Send by recorded delivery
