Landlord Refusing to Do Repairs - Your Rights

Complete guide to enforcing repairs under s.11 of the Landlord and Tenant Act 1985, HHSRS Category 1 hazards, environmental health enforcement, and safe rent withholding.

Quick Answer

Your landlord must maintain the structure, roof, and services (heating, water, electrics) under s.11 of the Landlord and Tenant Act 1985. You can report serious defects (Category 1 hazards) to the local authority environmental health team, who will force repairs. You can claim rent reduction at court for the period property was uninhabitable or unfit. Do not stop paying rent unless the issue is severe and documented - consult advice first. You can also sue for damages and breach of contract.

How to Enforce Repairs

1

Formal Written Demand

Send your landlord a detailed written demand for repairs. Specify the issue, its location, impact on health/safety, and state "Please complete repairs within 14 days." Keep copies. Many landlords respond once a formal letter is on record. Use registered mail or email with read receipt.

2

Report to Environmental Health

If repairs are not done or the issue is serious (no heat, dampness causing mould, structural risk), report to your local authority's Environmental Health or Housing team. They assess the property under the Housing Health and Safety Rating System (HHSRS). Category 1 hazards must be removed by order.

3

Claim Damages or Rent Reduction at Court

Sue your landlord for breach of s.11 (breach of contract) and claim rent reduction for the period property was uninhabitable, plus damages for inconvenience, health impact, and any costs you incurred (temporary heating, repairs yourself). County court claim is low-cost and straightforward with documentation.

What the Law Says

Landlord and Tenant Act 1985 s.11: Implied Repairing Covenant
The landlord must keep the structure and exterior in repair, maintain roof and outgoings, and keep pipes, wires, fittings for water/heating/electricity/sanitation in repair. This duty is automatic - it cannot be contracted away. Repairs must be done within a reasonable time (typically 14 days for urgent issues, 28 days for non-urgent). Breach entitles tenant to claim damages and rent reduction.
Homes (Fitness for Human Habitation) Act 2018
A dwelling must be fit for human habitation. It must have adequate heating, ventilation, water supply, drainage, sewage, freedom from damp, and no significant risk to health. Breach entitles tenant to sue for damages and request court-ordered repairs. Works must be completed within a reasonable time specified by court. Local authority can also enforce.
Environmental Health Act 1990 & Housing Health and Safety Rating System (HHSRS)
Local authorities assess properties for hazards under HHSRS. Category 1 hazards (serious risk to health - mould, damp, falls, fire) trigger enforcement: landlord must remove hazard by a deadline. Failure results in enforcement notice, remedial action by authority, and recovery of costs from landlord. Category 2 hazards require best practice action.
Contract Law: Rent Reduction & Damages for Breach
If landlord breaches s.11, rent can be reduced proportionate to the breach (e.g., 50% rent reduction if property is 50% uninhabitable for 3 months = 1.5 months rent reduction). Tenant can also claim damages for inconvenience, health impacts, and costs incurred. No statutory cap on damages; court awards based on evidence presented.

Common Repair Refusal Scenarios

No Heating in Winter

Landlord refuses to fix boiler or heating system. This violates s.11. Report to Environmental Health - lack of adequate heating is a Category 1 hazard. Withhold part of rent (20-30%) for the period of breach and claim damages for health impact. Authority will force repairs within 28 days.

Mould and Damp (Structural)

Property has pervasive mould due to structural defects (roof leak, rising damp). Landlord claims it's your fault. Report to Environmental Health - structural damp causing mould is a Category 1 hazard under HHSRS. Authority investigates and issues enforcement notice. You can claim rent reduction for the period and damages for health impact (respiratory issues).

Broken Plumbing / No Hot Water

Water pipes leak or hot water is unavailable. This is breach of s.11 (failure to maintain pipes and fittings). Demand repair within 14 days in writing. If not done, report to Environmental Health (no hot water = Category 1 hazard). Claim rent reduction and damages for inconvenience and hygiene issues.

Electrical Safety Hazard

Broken sockets, exposed wires, or faulty electrics. Demand urgent repair (within 7 days) - this is a safety hazard. If landlord refuses, contact Environmental Health and your local authority's Building Control. This violates the Electrical Safety Standards and s.11. Do not use faulty circuits; claim damages and rent reduction.

Structural / Safety Issue (Loose Tiles, Cracks)

Roof tiles falling, large structural cracks, or unstable stairs. Demand urgent repair within 7-14 days. Report to Environmental Health and Building Control. This is a serious breach of s.11 and likely a Category 1 hazard. You may be entitled to claim the property is uninhabitable and break the tenancy.

Landlord Claims "Tenant Caused It"

Landlord refuses repair, blaming you for damage. Challenge this - s.11 covers wear and tear and structural issues unless you deliberately damaged it. If it's structural (roof, walls, pipes), landlord is liable. Document the issue with photos dated before you raised it, get quotes, and claim breach of s.11 at court.

Frequently Asked Questions

Can I refuse to pay rent if repairs are not done? +
Do not stop paying rent entirely - this can trigger eviction. Instead, claim rent reduction at court proportionate to the breach. If the property is 30% uninhabitable for 2 months due to no heating, you might claim 30% × 2 months of rent as reduction. Document everything. Alternatively, pay full rent and sue later for damages and reduction. Consult advice before withholding rent.
What counts as a Category 1 hazard under HHSRS? +
Serious risks to health: pervasive damp and mould, severe cold (inadequate heating), excess heat without cooling, overcrowding with safety risks, falls (broken stairs, unsafe flooring), fire (faulty electrics, blocked exits), biological contamination, chemical contamination, radiation, asbestos, leaks causing water damage. Contact Environmental Health to assess. They use a points system; scores above 200+ = Category 1.
How long does the local authority take to enforce repairs? +
After you report, the authority inspects (2-4 weeks). If Category 1 hazard, they issue an enforcement notice giving the landlord 14-28 days to comply. If landlord ignores it, the authority can carry out works and bill the landlord. Total process: 3-4 months. For urgent safety issues (gas, electrics), they can issue urgent repair notices requiring completion within days.
Can I do repairs myself and deduct the cost from rent? +
In some circumstances, yes (known as "repair and deduct"), but only for urgent issues and after formal notice. Get a quote, give landlord 14 days, then get the work done by a qualified contractor. Keep all receipts and evidence. Deduct the cost from next month's rent and provide documentation. For major work, it's safer to claim at court instead of deducting unilaterally.
What damages can I claim for repair breaches? +
Rent reduction (proportionate to the breach period), damages for inconvenience, damages for any health impact (e.g., respiratory issues from damp), costs you incurred (temporary heating, your own repairs, health expenses). Courts award £50-£300+ per month for serious breaches like no heating or pervasive mould. Evidence: photos, medical records if applicable, emails, quotes from contractors.
Do I need a solicitor to claim repair damages at court? +
No. You can claim at county court yourself if the amount is under £10,000. Provide evidence: photos, repair demands (emails), quotes, communication showing refusal. If the claim is complex (large damages, multiple issues) or the landlord contests it heavily, a solicitor (£100-£200/hour) helps. Many tenants' advice services offer free help with repair claims.

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