At Ronald Fletcher Baker LLP, we act for landlords across the country in navigating the challenges of residential property management. Our team provides clear, practical advice on tenancy disputes, possession proceedings, and issues of disrepair. Whether you are dealing with a single buy-to-let property or a wider portfolio, we ensure that you remain compliant with your legal obligations while protecting your position as a landlord.
Q: My tenant has said there is disrepair – what should I do?
If a tenant raises concerns about disrepair, you should take the report seriously. First, acknowledge their complaint in writing and arrange an inspection of the property as soon as possible. If the disrepair falls under your legal obligations as a landlord (for example, under section 11 of the Landlord and Tenant Act 1985), you must carry out the necessary works within a reasonable time. Ignoring or delaying repairs can worsen the issue and may expose you to legal claims.
Q: I have served my tenant with a notice for possession but they have said the property is in disrepair – what are the risks?
A tenant can use allegations of disrepair to challenge or delay possession proceedings. If they can show that you failed to deal with repairs, the court may refuse to grant possession, or the tenant may bring a counterclaim for damages. In some cases, disrepair can even render a notice invalid, particularly where retaliatory eviction protections apply (for example under the Deregulation Act 2015 in relation to assured shorthold tenancies).
Q: How quickly do I need to deal with issues of disrepair?
There is no fixed statutory timeframe, but the law requires landlords to act within a “reasonable time” once notified. What is “reasonable” depends on the seriousness of the issue. For example, a broken boiler in winter should be dealt with urgently, while minor cosmetic issues may allow for a longer response time. In any case, the sooner you act, the better your legal position.
Q: My tenant has served me with a Letter Before Action alleging disrepair at the Property – what do I need to do?
A Letter Before Action usually means the tenant is considering court proceedings. You should:
- Acknowledge the letter promptly.
- Seek legal advice immediately – you must follow the Pre-Action Protocol for Housing Disrepair Cases.
- Inspect the property and keep detailed records (photos, surveyor reports, repair logs).
- Carry out repairs where necessary without delay.
Failure to respond properly may increase the risk of court proceedings and additional costs being awarded against you.
Q: What issues at a Property will be considered disrepair?
Disrepair generally covers deterioration from the property’s original condition. Common examples include:
- Leaks, damp, or mould caused by structural issues
- Broken heating or hot water systems
- Faulty wiring or unsafe electrics
- Damaged roofs, windows, or doors
- Sanitation problems (e.g. broken toilets or drains)
It does not usually cover improvements (e.g. replacing an old but working kitchen), unless these are required to keep the property safe and habitable.
Q: If there is disrepair at my Property and I do not deal with it quickly, what could I be liable for?
If you fail to act, you could face:
- Compensation/damages: Tenants can claim for inconvenience, distress, and sometimes personal injury.
- Rent repayment: In severe cases, rent may be reduced to reflect loss of enjoyment of the property.
- Legal costs: If a tenant succeeds in court, you may be ordered to pay their costs as well as your own.
- Enforcement action: Local authorities can intervene, issue improvement notices, or even prosecute landlords who neglect serious hazards under the Housing Health and Safety Rating System (HHSRS).
Ultimately, prompt action protects not just your tenant, but also your financial and legal interests.
Marissa Lawrence
Senior Associate Solicitor
