G N I S U O H S R I A P E R
tation Centre
and Represen Student Advice
student advice & representation centre
d e e n u o y What w... o n k o t If your private-rented accommodation is dangerous, unsafe or in a poor state of repair, your landlord can be forced to take action to remedy this. If you are experiencing any problems with disrepair or you believe your home is unsafe or dangerous, please seek advice from the Student Advice & Representation Centre.
Before you sign a contract
Many students sign contracts on the understanding the landlord will do repairs and/or make improvements before they move in. You can enforce your statutory rights to repair which the landlord is obliged to carry out (i.e. those written in law), but it may be more difficult to enforce your contractual rights or other arrangements (e.g. if a landlord agrees to paint rooms or replace carpets). It is, therefore, important that any agreement you sign contains details of what improvements/repairs are going to be made, by what date they will be completed and what penalty there will be for the landlord if they aren’t completed.
Tenants’ responsibilities The landlord is not responsible for all repairs. Statutory protection does not, for example, extend to cover things like washing machines or fridges, so you should refer to your tenancy agreement - in some cases you will be responsible. If it is not clear, you should ask the landlord before you sign the contract, and put it in the contract. Additionally, you are required to take reasonable care of the property – that is, use the premises in a ‘tenant-like manner’. This means that you should avoid causing damage and “do the little jobs about the place which a reasonable tenant would do” e.g. turn off the water supply or take reasonable steps to prevent water pipes freezing if the property is left unoccupied in the winter; clean the windows when necessary; replace light bulbs and fuses; unblock the sink when blocked by your waste. It is an implied term in tenancy agreements (and it actually says this in most contracts) that the tenant will let the landlord have access to the property, and all reasonable facilities, to carry out repairs which s/he is obliged to do. The landlord (or an agent authorised by them in writing) may also, at reasonable times of the day, enter the property to inspect its condition and state of repair. In most cases, the landlord must give 24 hours written notice of an inspection, except in an emergency.
Tenants’ rights Your rights as a tenant are principally provided by Acts of Parliament. A landlord who fails to fulfill his or her obligations may be committing a criminal offence, and may also be liable to give you compensation. In any case, it is likely that action can be taken to resolve the problem.
Landlord and Tenant Act 1985 Section 11 of the Landlord and Tenant Act requires the landlord to: a) keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes); b) keep in repair and proper working order the installations in the dwelling-house: i. for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences but not fixtures, fittings and appliances for making use of the supply of water, gas and electricity), and ii. for heating rooms or heating water
Environmental Protection Act 1990 If the conditions in your home are prejudicial to your health or a nuisance they may amount to a ‘statutory nuisance.’ If so, the council can serve a notice on the landlord, which gives a time limit for remedial works to be completed. If the landlord does not comply the council can do the work itself and claim the cost back from the landlord, or apply for a court order. Examples of problems include: dampness; dangerous wiring; condensation or mould growth; defective gas or electrical fittings; falling plaster; leaking roof; falling slates; broken banisters or glass; rotten window frames or floorboards; dangerous staircases.
Housing, Health and Safety Rating System (HHSRS) The Housing Act 2004 introduced the HHSRS, a risk assessment procedure for residential properties which is used to identify potential risks and hazards. A property must be free from serious problems known as Category 1 hazards. Hazards include excess cold, entry by intruders, noise and fire. Not all hazards are deemed to be Category 1. Local councils have enforcement powers to take appropriate action with regards to identified hazards.
Student Advice & Representation Centre
Safety of Gas & Electrical Appliances Landlords are responsible for ensuring that gas appliances are maintained in good order and must, by law, have gas appliances checked for safety at least every 12 months by a Gas Safe registered engineer. The landlord must keep a record of the safety checks and you are entitled to see the gas safety certificate. The Health and Safety Executive has a duty to enforce these requirements. If your landlord provides any electrical appliances, s/he is required to ensure that they are safe for use when first supplied. There is, however, no mandatory requirement for the landlord to have electrical appliances safety-tested either before or during a tenancy. The landlord needs to maintain equipment, taking reasonably practical precautions to ensure appliances are safe.
Fire Safety of Furniture and Furnishings
Your landlord must ensure that any furniture and furnishings s/he supplies as part of your agreement meets the fire resistance requirements of these regulations, which set criteria for domestic upholstered furniture. Most furniture will have a manufacturer’s label to indicate whether it meets the requirements. If you are in any doubt you can contact Trading Standards via the Consumer Direct line.
Houses in Multiple Occupation (HMO) Regulations The Housing Act 2004 introduced new regulations regarding HMOs in the private-rented sector, including changes to the definition and licensing of HMOs. If you are renting a property of three or more storeys with five or more people, it is likely you will be living in a licensable HMO. Landlords or managing agents will have a responsibility to obtain a licence for these properties and will be required to ensure that the properties meet certain standards as set by the regulations. For more information, contact the Student Advice and Representation Centre.
Getting repairs done Check that your right to occupy your home cannot be terminated if you try to get repairs done. When a problem arises it is important to report it to the landlord immediately. If you do this by telephone or in person, follow this up by putting it in writing, keeping a copy of the letter or email. Make sure you give the landlord reasonable time to deal with the problem. If your landlord refuses, doesn’t respond or is unreasonably slow in doing the repairs, you should consider contacting your local council, or consider taking further action yourself.
The Welfare Advice Team can provide advice and support if you are dealing with disrepair at your accommodation. They are able to advise what course of action may be most appropriate according to the type of disrepair and what previous action has taken place. The Welfare Advice Team can also check draft letters and if appropriate, write subsequent letters to the landlord on the tenants’ behalf. You can find our contact details on the back page of this leaflet.
UNIPOL DASH CODE Accreditation Scheme UNIPOL Student Homes is a charitable organisation based in Leeds and they provide a letting agency service for students in Nottingham. They also operate a DASH (Decent and Safe Homes) Code, which is a voluntary scheme for landlords who provide private rented accommodation for students. There are additional codes for larger developments of student accommodation and accommodation which is provided by education establishments. The Codes determine the standards of accommodation and principles of good management, which should be met by all properties within the schemes. This means that landlords who are part of a scheme have an obligation to meet the standards of service determined by the Code, in addition to those provided in the tenancy agreement. The DASH Code includes the following guidelines and timescales for repairs: Under normal circumstances the following repairs should be completed according to the following timescales: Priority One – Emergency Repairs: Any repairs required in order to avoid a danger to health, risk to the safety and security of residents or serious damage to buildings or residents’ belongings. Within 24 hours of report of defect. For example: gas appliances, no hot water, broken WC, external door locks Priority Two – Urgent Repairs: Repairs to defects which materially affect the comfort or convenience of the residents. Within five working days of report of the defect. For example: leaking roofs, minor mice infestation or minor cracks in windows. Priority Three – Non Urgent day-to-day repairs: Reactive repairs not falling within the above categories. Within 28 days of report of defect or by arrangement with the occupiers after that time. For example: guttering, replacing window frames. If the landlord is accredited you will have recourse to raise a complaint with Unipol should the landlord breach the Code.
Local council’s Environmental/ Public Health Section The local council’s environmental/public health section can inspect your accommodation and take action requiring the landlord to carry out repairs. Before an inspection, make a note of all the problems (keep a copy for yourself) and ask the council to provide a copy of any report they draft as a result of the visit. If you are concerned that your landlord may retaliate in any way, ask the council to explain that their visit is the result of a routine inspection.
Taking Legal Action You may be able to apply to the County Court to force the landlord to carry out necessary repairs, and for damages for any loss or inconvenience. You could also apply to the Magistrates Court if there is a statutory nuisance – you may be entitled to compensation and the landlord could be fined. If you are thinking about taking legal action, please seek advice from the Student Advice and Representation Centre, alternatively you could seek specialist help from a solicitor or housing advice agency.
Using the rent to pay for repairs A tenant does not have a general right to withhold rent as a means of getting their landlord to carry out repairs. If you decide to do so it could jeopardise your right to remain in the accommodation. However, in certain circumstances a tenant can use the rent to pay for repairs. If you are considering this course of action you should use the following procedure: • • • • • • •
Make sure that the landlord is liable to carry out the repair. Make sure that the landlord has had written notice of the disrepair and that s/he has failed to carry out the repairs within a reasonable time. Write to the landlord again, keeping a copy, explaining that you will carry out the repairs unless the landlord does so. Allow further reasonable time. Obtain three estimates of the cost of the repair and send a copy of each to the landlord. Offer the landlord a final opportunity to carry out the repair. If the landlord has still not responded proceed with the lowest estimate and pay the bill. Send the receipt/invoice to the landlord (keep a copy) and ask them to reimburse the costs. If the landlord does not pay then you can deduct the cost of the repair work from future rent.
Terminating your Contract because of repairs You cannot terminate your contract just because your landlord is failing to carry out repairs for which s/he is responsible (unless, for example, your contract has a break clause, or the landlord agrees etc.). In cases where there is serious disrepair, usually to the extent that the property is no longer habitable, it may be possible to argue that there has been a fundamental breach of the landlord’s duty to repair. Your local council should be able to establish whether the property is suitable for habitation, and if it is not, they would usually serve an order that prohibits the occupation of the property. If this is the case you should seek legal advice regarding the termination of your contract.
Useful Contacts • • • •
Nottingham City Council Public Health Tel: (0115) 915 6798 Broxtowe Borough Council Environmental Health Tel: (0115) 917 7777 Health & Safety Executive - Contact the HSE information line Tel: (0845) 3450055 Consumer Direct Tel: (08454) 040506
For more advice and information about disrepair, please contact the Student Advice & Representation Centre. Tel: 0115 84 68730 Email: student-advice-centre@nottingham.ac.uk
Student Advice and Representation Centre B Floor, Portland Building, University Park Nottingham, NG7 2RD Tel: 0115 846 8730 Internal: 68730 Email: student-advice-centre@nottingham.ac.uk www.su.nottingham.ac.uk/advicesupport/ All SARC leaflets are available in alternative formats. Please ask a member of staff if you require this leaflet in an alternative format.
student advice & representation centre