Landlord Refusing to Do Repairs? Your Rights UK 2026
If your landlord is ignoring your repair requests, you are not powerless. Under Section 11 of the Landlord and Tenant Act 1985, landlords have a legal duty to keep the structure and exterior of your home in repair, along with essential installations for water, gas, electricity, sanitation, heating, and hot water. This is an implied term in every tenancy — meaning it applies even if your tenancy agreement says nothing about repairs. Here is exactly what you can do to enforce your rights.
What Repairs Must the Landlord Do?
Section 11 requires the landlord to repair and keep in proper working order:
- The structure and exterior of the property — including the roof, walls, floors, windows, external doors, and drains
- Installations for the supply of water, gas, and electricity
- Installations for sanitation — including basins, sinks, baths, toilets, and associated pipework
- Installations for space heating and water heating
This applies to all tenancies for a term of less than 7 years entered into after 24 October 1961. The landlord is also responsible for common parts (hallways, staircases, lifts) in blocks of flats under Section 11 and, separately, under the Defective Premises Act 1972.
Importantly, the landlord is not responsible for repairs caused by the tenant's own negligence or failure to use the property in a "tenant-like manner" — for example, damage caused by the tenant or their guests, or minor maintenance like changing light bulbs.
Step-by-Step: What to Do When Your Landlord Refuses Repairs
- Report the issue in writing. Always put repair requests in writing — email is fine, but keep a record. Describe the problem clearly, include photos if possible, and state when it started. Ask the landlord to confirm when they will carry out the repair. Verbal requests are hard to prove later.
- Give the landlord a reasonable time to act. What is "reasonable" depends on the urgency. A broken boiler in winter might be 24–48 hours; a leaking roof might be a few days to arrange temporary measures. Set a deadline in your follow-up communication if they do not respond.
- Contact the council's environmental health department. If the landlord still does not act, contact your local council and ask for an inspection under the Housing Health and Safety Rating System (HHSRS). The council can identify hazards (damp, cold, fire risks, etc.) and serve statutory notices requiring the landlord to carry out repairs. If the landlord fails to comply, the council can prosecute or carry out the works themselves and charge the landlord.
- Consider making a claim in the county court. You can apply for a court order requiring the landlord to carry out repairs and/or pay compensation for inconvenience, damage to belongings, or personal injury caused by disrepair. You can claim up to £1,000 on the small claims track without legal representation. For higher-value claims, you may need legal advice.
- Use 'set-off' as a last resort (with legal advice). The right of set-off allows you to arrange the repairs yourself and deduct the cost from future rent. You must give the landlord written notice, obtain at least two quotes, keep all receipts, and only pay for work that is genuinely necessary. Get this wrong and you could face eviction for rent arrears. This is best done with advice from Citizens Advice, Shelter, or a solicitor.
Can You Withhold Rent?
Withholding rent without following the proper set-off procedure is extremely risky. Rent arrears are a mandatory ground for eviction under Section 8 (Ground 8). Even though the landlord's failure to repair is a breach of contract, the tenant's obligation to pay rent is generally independent — meaning you cannot simply stop paying because the landlord is not doing repairs. Always seek advice before considering withholding rent.
Retaliatory Eviction Protection
Under the Deregulation Act 2015, if you have made a written complaint about the condition of the property and the council has served an improvement notice or emergency remedial action notice, the landlord is barred from serving a Section 21 eviction notice for 6 months. This protection is designed to prevent landlords from evicting tenants simply for complaining about disrepair. Any Section 21 notice served in this period is invalid.
Jurisdiction: England and Wales
Section 11 applies in England and Wales. In Scotland, the repairing obligations are covered by the Repairing Standard under the Housing (Scotland) Act 2006, which sets out similar but not identical requirements. In Northern Ireland, repairing obligations for private tenancies are governed by the Private Tenancies (Northern Ireland) Order 2006.
FAQ
What counts as an emergency repair?
Emergency repairs typically include: total loss of heating or hot water in winter, gas leaks, serious water leaks or flooding, electrical failures posing a safety risk, blocked drains causing sewage backup, and broken external doors or windows compromising security. Landlords should respond to emergencies within 24 hours.
Can I claim compensation for inconvenience?
Yes. If you take your landlord to court for disrepair, you can claim general damages for inconvenience, distress, and loss of enjoyment of your home. The amount depends on the severity and duration of the disrepair. Courts have awarded sums ranging from a few hundred pounds for minor disrepair to several thousand for serious cases affecting health or lasting many months.
Does the landlord have to rehouse me during repairs?
There is no automatic right to alternative accommodation during repairs. However, if the property is uninhabitable (for example, after a fire or flood), your landlord's buildings insurance may cover the cost of alternative accommodation. Check your tenancy agreement and ask your landlord. If the disrepair makes the property unsuitable to live in and your landlord refuses to help, contact your local council's housing team.
What about mould and damp?
Mould and damp are among the most common repair complaints. If the damp is caused by a structural issue (leaking roof, rising damp, failed damp-proof course), the landlord is responsible under Section 11. If it is caused by condensation from the tenant's lifestyle (not ventilating properly, drying clothes indoors without heating), the tenant may bear some responsibility. The council's environmental health team can help determine the cause.
Authoritative Sources
- Landlord and Tenant Act 1985, Section 11 — the primary repairing obligation
- GOV.UK — Private renting: repairs
- HHSRS — Housing Health and Safety Rating System guidance
- Citizens Advice — Getting repairs done
- Shelter — Repairs in private renting
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