Does your home need repairs? Advice for Council and housing association tenants June 2011 Factsheet 16.
Council and housing association landlords are usually responsible for most repairs. As a tenant, you are probably only responsible for minor maintenance and for repairing any damage you have caused. If you are a Council tenant in Kensington and Chelsea, the Kensington and Chelsea Tenant Management Organisation (TMO) is your landlord. What is my landlord responsible for? The structure and exterior of your building, including the roof, walls, windows and external doors. Central heating, gas fires (if landlord owned), fireplaces, flues, ventilation and chimneys. Water supply, pipes, toilets, sinks, baths, draining and guttering. Gas pipes, electrical wiring and any electrical or gas appliances provided by the landlord. Check your tenancy agreement to see if your landlord has extra responsibilities, such as fences or boundary walls around your home.
Can I be responsible for repairs? Yes. You will be responsible for any damage caused by anyone in your household, or any guests that you have, even if it is accidental. You are expected to look after your property. For example, you must: keep your home reasonably clean not damage your property or its contents, or allow your family or guests to do so, and use all appliances correctly carry out minor maintenance, such as changing smoke alarm batteries or unblocking a sink use heating properly to avoid burst pipes or dampness. What about communal areas? Your landlord is responsible for repairs to areas that are shared with other people, such as hallways, stairs or lifts. What about damp and mould? It is not always easy to decide who is responsible for damp because it can be hard to find the cause, or it may be due to the design of an old building.
However, your landlord will normally be responsible if damp is caused by: leaking pipes a structural problem (such as a leaking roof) an existing damp proof course or other anti-damp measures that are no longer working. Remember, damp can be caused by condensation. Condensation can be produced if you dry your clothes indoors, do not ventilate your home or do not use your heating system effectively. If so, your landlord may not be responsible for repair. It is always a good idea to seek further advice about damp in your home. What should I do if I think disrepair is causing health problems? If conditions in your home are bad, they might affect the health of your household. You should report such problems to your landlord. If you are not happy with your landlord s response, you can make a complaint. What evidence will I need to make a complaint? Before you make a complaint, you should collect all the evidence you can of the repairs that are needed and what you have done to get your landlord to carry them out.
For example: take photographs showing the repairs that need to be done keep damaged belongings (such as clothes damaged by damp) keep a record of any phone calls you make or receive about problems date and keep copies of any letters you send to your landlord keep copies of any doctors notes or hospital reports which show that your health has been affected by the problem keep receipts for any money you need to spend because of the repair problem (for example, to replace belongings damaged by mould). How can I make a complaint if my landlord does not fix the disrepair? Use your landlord s formal complaints procedure: You should use your landlord s formal complaints procedure if you are not happy about any aspect of your tenancy, including disrepair. Your tenants handbook, or your landlord, will have details of the complaints procedure. Complain to the Ombudsman: If you have gone through your landlord s formal complaints procedure, but are unhappy with the result, you may be able to complain to the Ombudsman. Council tenants complain to the Local Government Ombudsman, and housing association tenants complain to the Housing Ombudsman Service. If the Ombudsman agrees with you, your landlord is likely to take whatever steps are suggested by the Ombudsman.
Can the Council s Environmental Health Department help me? If you are a housing association tenant, you can contact the Council s Environmental Health Department. Staff can assess the problems and offer advice. They will not take any action unless you have already reported the complaint to your housing association and given them an opportunity to fix the problem. You must speak to your landlord first if you think you have a problem with disrepair. You will need a complaint reference number from your landlord before Environmental Health can help you. If you are a Council tenant, Environmental Health can only offer advice and limited help, as the Council cannot impose enforcement action upon itself. Can I withhold my rent if the disrepair is not fixed? No, you do not have the right to withhold your rent. If you withhold your rent, you risk eviction. It might be possible to arrange for the repairs to be done yourself and to deduct the cost from your rent, but your landlord should agree to this first and you should make sure you follow the correct procedures. Can I take legal action? It might be possible to take your landlord to court, but this should be your last resort. It can be complicated, slow, and expensive.
How to find out more Your landlord Your tenants handbook or other information from your landlord will have your landlord s contact details. Environmental Health 020 7361 3002 By email: environmentalhealth@rbkc.gov.uk Shelter (free housing advice) 0808 800 4444 Website: www.shelter.org.uk/adviceonline Local Government Ombudsman (for Council tenants) 0300 061 0614 Website: www.lgo.org.uk Housing Ombudsman Service (housing association tenants) 0300 111 3000 Website: www.ihos.org.uk Gas Safety Action Line 0800 300 363
Information from this document can be made available in alternative formats and in different languages. Please contact Housingline on 020 7361 3008 or email housing@rbkc.gov.uk www.rbkc.gov.uk June 2011. The Royal Borough of Kensington and Chelsea. Design: PIRS Design 020 7361 4325. 13876njc.