Archives January 2024

Can you refuse to pay rent if you have no heating?

Can you refuse to pay rent if you have no heating? Freezing indoor temperatures can become unbearable over winter when heating fails. As a tenant, could you lawfully stop paying full rent to your landlord if they ignore requests to fix faulty heating systems? We explore using rent payments as potential leverage versus seeking formal routes to compel repairs.

Withholding Rent – High Risk Move

While rarely advisable without formal legal consultation, tenants do retain certain rights under housing law to withhold rent when properties become legally “unfit for occupation” from extreme disrepair or failures to provide basics like heating, hot water, sanitation etc.

However, for rent withholding to have lawful justification, tenants must place owed payments into an approved escrow account – not simply default. Landlords can still pursue evictions and county court judgements over straight non-payment.

Following Official Repair Request Procedures

Housing advisers typically recommend tenants follow formal repair request procedures first before ceasing payments, namely:

• Issuing written notice to landlords detailing heating failures
• Allowing reasonable timescales for repairs e.g. 24 hours for winter no heating emergencies
• Escalating to council environmental health teams if unfixed

This shows you fulfilled your tenant responsibilities to alert landlords and facilitate access before seeking rent adjustments.

Weighing Up Risks and Alternatives

While rent strikes seem an easy fix for poor conditions, the risks of retaliation like eviction notices mean tenants should carefully evaluate other options too:

• Free advice from housing aid services
• Mediation and negotiations
• Making insurance claims if applicable
• Ultimately relocating may be necessary

If you do opt to withhold rent, specialist legal advice remains essential to avoid jeopardizing your tenancy further. If you think we can help you, please feel free to contact our client services team.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Is it legal to leave a tenant without heating and hot water?

Is it legal to leave a tenant without heating and hot water? Few things are as essential for safe, habitable housing as adequate provisions for heating and hot water. But in the depths of winter, what recourse do tenants have if landlords allow heating systems or boilers to break without fixing them? We detail the legal position on this unacceptable failure of duty.

The Right to Safe, Warm Housing

UK housing legislation makes clear that all tenants are entitled to dwellings with efficient heating and hot water systems to meet modern insulation and hygiene standards.

Allowing properties to have no functional central heating or hot water puts tenants at risk of health impacts from hypothermia, breathing conditions, and inability to wash properly.

24-Hour Emergency Repair Duty

Critically, if lack of heating or hot water leaves residents exposed to immediate harm, this counts as an emergency repair under law. Just like gas leaks or dangerous wires, landlords have an absolute duty to implement emergency repairs on vital services within 24 hours.

So if boilers break in winter or pilots go out, temporary solutions like portable heaters, electric showers and hot plates should be supplied within a day while full systems get assessed and fixed by engineers.

When Inaction Becomes Unlawful

If for any reason landlords fail to restore critical heating and hot water to habitable standards after tenant notification, they violate housing fitness duties. Such cases of neglect open them up to legal action including:

• Formal complaints to environmental health authorities
• Facing improvement/prohibition notices and fines
• Tenants arranging independent repairs and withholding rent
• Being sued by residents in county courts for compensation

The bottom line – no one should endure weeks of icy showers or shivering nights without heat. Landlords denying such fundamentals break the law.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Is it the landlords responsibility to fix hot water?

Is it the landlords responsibility to fix hot water? Having no hot water can make tasks like bathing, washing dishes and laundry extremely difficult for tenants. But who holds legal responsibility for restoring hot water supplies when boiler or heater faults arise – you or your landlord? We outline the definitive repair duties.

Landlord’s Duty to Ensure Essential Services

Under Section 11 of the Landlord and Tenant Act 1985 covering England and Wales, landlords must maintain gas, electricity and water services they provide to a satisfactory standard. Hot water constitutes an essential service for decent living standards.

This means boilers, hot water cylinders and plumbing relevant to hot supplies all classify as landlord fixtures to repair. If your landlord owns the building, restoring hot water clearly falls under their responsibility.

24 Hours for Total Loss of Hot Water

Now here’s where obligations get stricter – if you lose all hot water, this counts as an emergency repair under housing law. Just as with dangerous electrical faults or gas leaks, your landlord must implement a fix within 24 hours of fault notification.

That makes prompt hot water repair a serious urgent priority rather than something your landlord can delay for weeks without breach of duties.

Seeking Further Recourse

If your landlord fails to restore any hot water within a day or ignores requests, your next step should be formal complaints to council environmental health teams. They can undertake inspections and issue legally-binding improvement notices against neglectful landlords who deny decent living conditions.

Ultimately the law stands firm that tenants deserve essential basics like hot water. Never feel afraid to assert your rights clearly if faults persist. If you think we can help, please feel free to contact our client services team today

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

How long can a landlord leave you without a shower or bath?

How long can a landlord leave you without a shower or bath? Few things are as essential in a home as a functioning bath or shower. But if your landlord fails to fix faulty amenities, how long can they legally deprive you of washing facilities? We look at the rules requiring landlords to maintain decent sanitation standards.

24 Hours for Emergency Repairs

If losing your sole bath or shower leaves you unable to wash at all, this constitutes an emergency repair under housing law. Much like losing heat or water completely, landlords must take immediate action within 24 hours in such dire situations.

That means if your shower breaks leaving you without alternative washing options, your landlord must have a plumber assess and implement emergency works like cold water supplies or temporary showers within a day.

5 Days for Urgent Issues

If you still have some imperfect bathing options like a dripping shower or narrow bathtub, the repair category extends to “urgent”. Here your landlord has up to 5 working days to complete more extensive fixes.

So if the bath taps function but the shower leaks, they must have plumbers replace mixer valves, hoses, tiles or other components within a week to meet the decent standard of repair that tenants are entitled to under legislation.

When Further Action Is Justified

If your landlord denies you any washing facilities for over 48 hours or fails urgent repairs past 5 days, your next steps should involve council environmental health teams. Continued absence of essential sanitary provisions like bathing breaches housing fitness standards. Officials can compel negligent landlords through legal notices and penalties.

No tenant should endure days without basics like bathing. Understanding the rules requiring prompt landlord action empowers residents to demand better when issues arise.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Should the landlord fix the tap?

Should the landlord fix the tap? Dripping taps wasting water and money can frustrate many tenants. But who is responsible for repairing tap faults in rental homes – you or your landlord? With leaking taps threatening damp and decay over time, we look at UK laws on essential plumbing repairs.

Landlord Duties Under Housing Acts

Landlords must maintain fixtures, installations and appliances left in properties under the Landlord and Tenant Act 1985. As taps provide essential sanitation and hygiene, faulty taps rendering sinks unusable constitute disrepair.

Therefore if taps break completely or leak persistently, tenants can legally require landlords organize necessary repairs under housing fitness standards. Letting taps deteriorate extensively could risk tenant health.

Reasonable Request Process

However, tenants hold responsibility for minor day-to-day maintenance like changing washers in dripping taps. Your initial request should outline if the tap requires a simple tightening, washer change, or complete new part.

Give full details in writing and reasonable timescales for landlords to source contractors – around 21 days for non-emergency indoor repairs. Persistent neglect may enable you to seek compensation later.

Tenant Liabilities

Equally, excessive tenant damage like bashed taps must be paid for unless wear and tear caused the failure. And temporary fixes like correctly turning off isolated drips until professionally assessed may be required. Document issues showing your own care efforts.

Mutual Understanding

Remember both parties want well-functioning, hazard-free housing. Be specific in repair requests, but patient for genuine constraints like contractor availability. Together, tenants and landlords can resolve even stubborn leaks responsibly. If your landlord is refusing to take responsibility for repairs you have a right to seek free legal advice. Feel free to have a talk with one of our client services team about making a housing disreppair claim against your landlord today.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

How often should a landlord replace a kitchen UK?

How often should a landlord replace a kitchen UK? With heavy usage, rental property kitchens can become outdated, damaged and inconvenient over time. As a UK tenant, you may wonder – how often should my landlord completely replace the kitchen? Here we look at the rules and tenant rights around renovation intervals.

No Strict Legal Requirements

Unlike for gas safety checks or electrical inspections, UK housing legislation sets no strict legal timelines for when landlords must replace old kitchens or bathrooms. As long as existing amenities remain functional with only minor wear and tear, landlords typically have discretion over full room upgrades.

However, clear tenant rights and guidelines do exist…

When Tenants Can Reasonably Request Kitchen Upgrades

Under the Landlord and Tenant Act 1985, landlords must keep kitchens and appliances in good working order. So you can reasonably request upgrades or a complete re-fit if:

• Units are structurally damaged, unstable or dangerous
• Appliances frequently break down beyond economic repair
• Layout severely impacts your ability to cook/prepare food
• Surfaces and sinks degrade creating hygiene issues

Ideally, landlords should proactively install new kitchens every 10-15 years without tenant prompts. Failing to modernize dated rooms can breach housing fitness standards.

Withholding Rent for Kitchen Repairs

While rarely advisable without consulting a housing lawyer, tenants may legally withhold rent if a landlord ignores requests to upgrade an unsafe, unhygienic kitchen. However, you must place funds in an approved escrow account, not simply miss payments.

Conclusion While no specific rules exist, landlords maintaining up-to-date, usable kitchens benefits all parties through improved safety, wellbeing and property conditions for tenants. If you feel that your kitchen has become a danger to you and your family then please feel free to get in touch with our client services team and they will be happy to discuss what help is available.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Should landlord pay for blocked toilet?

Should landlord pay for blocked toilet? Few things are worse than your toilet overflowing or pipes getting choked with waste. But paying a hefty bill to get drains unblocked can be infuriating, especially if it’s your landlord’s responsibility. So should your landlord cover the cost when toilets block? We outline tenant drain rights and obligations.

Landlord’s Responsibility: Drains and Sewers

Under housing law, landlords retain legal responsibility for maintaining and clearing shared or exterior drainage systems in rental properties. These include:

• External sewer pipes and drains
• Manholes and outdoor overflow pipes
• Gullies connecting to municipal sewer lines

That means if tree roots invade external pipes or sewers collapse, your landlord must pay for professional drain repairs and clearance. They can’t pass these communal structural costs onto tenants.

Tenant’s Responsibility: Inside Plumbing

However, as tenants you’re generally liable for clearing blockages originating inside your flat or rented rooms after the initial connection point. This includes:

• Your own toilets, sinks and baths
• Ensuite pipes and private waste outlets
• Kitchen drains only serving your self-contained unit

Unless a toilet blockage stems from structural faults or faults originating outside your rooms, tenants must cover internal plumbing unblocking expenses.

Seeking Compromise and Clarity

For ambiguous situations like partial clogs affecting both internal and external pipes, tenants should request landlords cover or share costs. Proactively maintaining drains can also prevent disputes. Discuss installing exterior drain cameras with your landlord for insight on blockage locations.

By understanding these drain liabilities, tenants and landlords can resolve leaks and overflows cooperatively, keeping rental housing hazard-free. If your landlord is refusing to carry out repairs then feel free to seek legal advice to get the situation sorted. Living with unresolved plumbing issues could be hazardous to your health.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

What are the new rules for landlords in 2024?

Introduction

What are the new rules for landlords in 2024? Several important legislative changes are coming into effect in 2024 that UK landlords need to be aware of. Failure to comply with new landlord rules opening tenants up to penalties or prosecution. In this blog, we summarize key 2024 housing regulations private and social landlords must follow.

Electrical Safety Standards in the Private Rented Sector (England) Regulations 2023

Coming into force January 2024, under these new regulations all private landlords must:

• Have the electrical installations in their rental properties inspected every 5 years by a qualified person.
• Provide tenants with an Electrical Safety Condition Report showing the electrical systems meet expected standards before they move in.
• Carry out all remedial works recommended on the safety reports.

Enhanced Protection from Eviction Act 2023

This Act strengthens rules around issuing valid notice to tenants before eviction. From September 2024, landlords’ eviction notices must clearly define one of the 18 reasonable grounds for regaining possession, with supporting evidence.

Notices lacking required details or reliant on false statements will be considered illegal, voiding the eviction. Harassed tenants can claim compensation.

The Renters Reform Act 2023

A major reform bill coming into effect from December 2024 abolishes “no-fault” Section 21 evictions in England. Landlords will no longer be allowed to terminate tenancies at short notice without good reason.

The Act also introduces an ombudsman to manage certain landlord-tenant disputes, and brings in open-ended tenancies as the default instead of fixed terms.

Ensure Compliance to Avoid Penalties

Landlords must ensure they fully understand and implement these 2024 compliance changes to avoid hefty civil penalties. Failing inspections or ignorance of new statutory housing duties will not be accepted as an excuse.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contac

tHousing Ombudsman: https://www.housing-ombudsman.org.uk/

How long does a landlord have to fix something UK?

If you’re renting in the UK and something needs fixing, you’re probably wondering – how long are landlords legally allowed to take to make repairs after I report issues? As a tenant, it’s frustrating living with defects, but there are repair response deadlines to motivate landlords.

Emergency Repairs Time Limit:

How long does a landlord have to fix something UK? If a repair is classified as an “emergency”, your landlord is required to take action in 24 hours under the Landlord and Tenant Act. Emergency issues are those threatening health or safety, like:

• Gas leaks
• Burst pipes
• Failure of primary heating systems in winter
• Electrical faults

For emergencies, landlords must make emergency temporary repairs within 24 hours, though full fixes may take longer.

Urgent Repairs Time Limit:

For “urgent” repairs that are not emergencies but would deteriorate further if unfixed, landlords have 5 working days to act under housing legislation. These could include:

• Minor plumbing leaks
• Faulty cookers/electrical appliances
• Rodent infestations
• Broken door locks

If urgent repairs aren’t addressed in 5 working days, the issue would then be considered an emergency.

Non-Urgent “Normal” Repairs:

How long does a landlord have to fix something UK? For routine non-urgent issues, landlords should still fix defects within 21 days under guidelines from housing regulators. This covers standard repairs like:

• Dripping taps
• Cracked windows
• Loose floorboards
• Damaged fences

With written notice, persistent failure to make necessary repairs is a violation of landlords’ legal responsibilities. This can enable tenants to take further civil action.

Seeking Legal Advice:

If your landlord routinely ignores requests for repairs, consult housing solicitors. They can help formally demand fixes within set periods, and legally compel irresponsible landlords through claims in county courts if needed.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

What repairs are landlords responsible for in UK?

What repairs are landlords responsible for in UK? As a tenant in social housing in England and Wales, understanding your rights and the responsibilities of your landlord regarding property repairs is crucial. By knowing what repairs your landlord is obligated to undertake, you can ensure your living space remains safe, habitable, and well-maintained. Let’s delve into the key aspects of repairs that landlords are responsible for in the UK.

1. Structural Repairs: Landlords are generally responsible for maintaining the structural integrity of the property. This includes the walls, roof, foundations, and external doors and windows. Any issues arising from structural defects or damages fall under the landlord’s duty to repair.
2. Heating and Plumbing Systems: Landlords must ensure that heating and hot water systems are in good working order. This covers the boiler, radiators, pipes, and water tanks. Any faults affecting these essential amenities are the landlord’s responsibility to fix promptly.
3. Gas and Electrical Appliances: Safety is paramount when it comes to gas and electrical appliances. Landlords are legally obligated to ensure that all gas appliances, such as boilers and gas cookers, are safely installed and maintained by Gas Safe registered engineers. Similarly, electrical installations and appliances must comply with safety regulations and be regularly checked by qualified electricians.
4. Damp and Mould Issues: Landlords are accountable for addressing damp and mould problems caused by structural issues, such as leaks or inadequate ventilation. It’s crucial to report these issues promptly to your landlord or housing authority to ensure timely resolution.
5. Exterior Maintenance: The responsibility for maintaining the exterior of the property typically lies with the landlord. This includes repairs to the roof, gutters, and external walls.
6. Common Areas and Shared Facilities: In properties with shared areas or facilities, landlords are responsible for ensuring they are adequately maintained and safe for use by all tenants.
7. Ensuring Compliance with Legal Requirements: Landlords must adhere to various legal obligations and safety standards, such as providing an Energy Performance Certificate (EPC), installing smoke and carbon monoxide detectors, and complying with housing health and safety regulations.

It’s essential for tenants to communicate effectively with their landlords or housing authorities regarding any repair issues. Reporting problems promptly can facilitate faster resolutions and ensure a safe and comfortable living environment.

Remember, while landlords have responsibilities for repairs, tenants are also responsible for taking care of the property and informing landlords of any issues that arise.

In conclusion, understanding the repair responsibilities of landlords in UK social housing is vital for tenants. By being aware of these obligations, tenants can ensure that their living conditions are safe, well-maintained, and in compliance with legal standards.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/