What to do about disrepair in your rented home

You should firstly report any disrepair or other problems to your landlord as soon as possible, this can be done by phone but should be followed up in writing giving full details.

Explain the situation to your landlord

Politely ask your landlord to explain what will happen next. Remember that the landlord is likely to have to arrange for a contractor to visit to find out what has caused the problem. The landlord is unlikely to be able to answer questions about "what is to be done" and "when will it be done" until the contractor has visited. It is not unreasonable to ask the landlord to let you know when the contractor will visit.

Allow a reasonable amount of time for the landlord to address these problems. For non urgent issues, we would expect the landlord to respond within 14 days with a date to visit and assess the problems either directly or for a contractor. Urgent issues would include issues such as lack of water, no heating in the winter months, collapsed ceiling or a water leak.

 If you have had no response from the landlord, or they have failed to address the issue then report the issue to the private sector housing team.

Private sector housing investigate a range of housing complaints, including difficulties you may be experiencing, such as: repairs to rented properties, safety within rented properties, safety and conditions within houses in multiple occupation.

Your enquiry will be confidential and we will try to give you advice about who is responsible for dealing with the problem that you have reported. Does the responsibility for dealing with the problem rest with the landlord or the tenant?

Where there are likely to be serious defects then we can visit to assess the property using the housing health and safety rating system (HHSRS) to determine what action is appropriate.

If we contact your landlord we would firstly find out what, if any, arrangements have been made to remedy the problems on site. If the problem had been previously reported to the landlord then we would expect the landlord to have contacted contractors and to have dates arranged for the works to be carried out as a matter of priority. Any information provided about the proposed repairs would obviously be shared with you.  If the problem had not been reported to the landlord we would allow them time to take steps to rectify the problem.

At this stage we would hope that the matter could be remedied without the need for formal action. However should there be serious defects and the landlord refuse to carry out repairs for which he/she is responsible or should the landlord be unreasonably slow with arranging the necessary works then the council may be able to take enforcement action to require that the works are carried out within a prescribed period of time.  This would be in accordance with our enforcement policy.

If the landlord fails to comply with the enforcement action taken by the council then the council may consider prosecuting the landlord and/or carrying out the works in default and recovering the costs incurred from the landlord.

Yes, our powers also cover housing association properties. You will be expected to report to your housing association in the first instance before coming to us. We can investigate and determine if more action needs to be taken.

Your landlord will also have a complaints process that you should use if you don’t think appropriate action is being taken. If you are unhappy with the response to your complaint you can also complain to the housing ombudsman. (hyperlink to https://www.housing-ombudsman.org.uk/)

Depending on the circumstances the responsibility for dealing with this problem could rest with either you or your landlord. If you want further information then please contact the private sector housing team.

Upholstered furniture provided by the landlord in rented homes has to meet certain safety standards. You should look to see if there are permanently fixed labels on the furniture that demonstrate that the furniture will resist catching fire from a dropped cigarette or match etc.

If you cannot find any such label or require further advice then you should contact the Hampshire County Council – Trading Standards Office for further advice.

The homes (fitness for human habitation) act 2018 was introduced to ensure that all rented properties are fit for human habitation, that means that they must be safe, healthy and free from things that could cause serious harm.

If a rental property is not “fit for human habitation” tenants are able to take their landlord to court. The council can not advise or take action under this legislation on your behalf, however you can still report disrepair to the council for investigation and enforcement.

More information on this law can be found on the gov.uk website. (hyperlink to: https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018)