Has your fridge been broken for three weeks, but the washing machine was fixed in a day? Tenants can often find frustration when waiting for maintenance work to be completed, but why is there such a disparity in completion times? We’ve compiled a guide to add clarity for both tenants and landlords about the expected wait time for maintenance repairs and what to do if they’re not completed.
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Understanding UK Landlord and Tenant Responsibilities For Property Maintenance Response
For the maintenance of a property, responsibilities are shared between the tenant and the landlord. Both parties need to uphold their end of the responsibilities to have a well-maintained property.
What Landlords Are Responsible For
A landlord’s primary responsibility is to keep the property in a good state and ensure it meets health and safety standards. This typically includes:
- The overall structure of the house – includes interior and exterior, roof, walls, windows, doors, and drains.
- Installation of essential facilities – basins, baths, sanitary fittings, pipes, drains, heating, hot water systems, gas appliances, ventilation, and electrical wiring.
- Property fit for living – this means the property should be structurally stable, in a good state of repair, free from damp and mould, running water, electricity and gas, free from water contamination, and free from pests.
- Common areas – if the property is part of a larger building, this may fall on the owner.
What Tenants Are Responsible For
Tenants are more responsible for the daily upkeep of a property, as well as reporting issues promptly:
- Every day maintenance – unblocking a sink, removing stains from carpets, keeping the garden tidy.
- Internal decorations – lamps, light fixtures, interior walls.
- Replacing consumables – light bulbs, smoke alarm batteries, filters for extractor fans.
- Reporting issues – prompt reporting can prevent issues from escalating.
- Paying for damage they’ve caused – whether this be friends or family, if your contract permits you to carry out repairs, you should.
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Key Regulations Governing Landlord Repair Times in the UK
Although there is a lack of specific laws surrounding property maintenance response times, there are laws that provide guidelines.
The Landlord and Tenant Act 1985: “Reasonable Timeframe”
This Act sets out landlord and tenant responsibilities, but it doesn’t give explicit rental maintenance wait times. It states that repairs should be carried out in a ‘reasonable timeframe’, but what is considered reasonable varies based on the severity of the issue. Things like water and electricity are of a high priority and shouldn’t take any longer than 24 hours, whereas a smaller issue like a faulty switch or other minor repairs can take up to two weeks.
Housing Health and Safety Rating System (HHSRS)
The HHSRS regulations list 29 common hazards that fall under the landlord’s repair times, which must be addressed as soon as reasonably possible. These hazards are categorised based on the likelihood of residents being harmed:
- Category One – These are serious hazards that could cause death, illness, or life-changing injury. These take priority over category two hazards. Something like a boiler breaking in winter would be considered a category one problem for an older tenant.
- Category Two – These are less dangerous hazards but still require prompt resolution. Conversely, a broken boiler in summer for young adults may be seen as a category two issue.
Some of the 29 hazards included in the HHSRS are damp and mould, excess cold or heat, Asbestos and MMF, lighting, noise, domestic hygiene, water supply, ergonomics, and structural collapse or falling elements.
Awaab’s Law (Currently Social Housing, Proposed for Private Rented Sector)
Awaab’s Law sets timeframes for social housing providers to respond and carry out property maintenance, yet the government has proposed to extend this law to private renting as well, under the Renters’ Rights Bill. Under this law, landlords should aim to:
- Investigate reported hazards within 14 days.
- Repair hazards that present a risk to health and safety within 7 days.
- Complete emergency repairs within 24 hours.
- Summarise and report findings to the residents within 14 days of the hazard being reported, and explain the intended resolution.
- Provide alternate accommodation if there is an imminent risk of harm and the property cannot be made safe within the timeframes provided.
Retaliatory Evictions and Deregulation Act 2015
Although this act is aimed at preventing landlords from evicting tenants over complaints, it also includes rental maintenance wait time responses:
- Landlords should respond to requests for repairs that don’t pose an immediate threat to health or safety within 14 days.
- Urgent repairs, such as a leaking roof, should be completed within 48 hours.
Expected Rental Maintenance Response Times
As covered, the severity of an issue dictates the expected time scale for its repairs. For a general rule of thumb, the expected rental maintenance response times are:
- Emergency repairs (24-48 hours) – Issues that pose an immediate risk to a tenant’s health or security of the property. This covers issues like gas leaks, burst pipes, broken heating in winter, serious electrical faults, broken windows or doors, etc.
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- Tenants’ responsibility – report the problem and express the urgency
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- Urgent Repairs (Within 7 days) – These are classified as non-emergency repairs, but still critical for response. These are issues such as a leaking roof.
- Routine Maintenance (Within 14 days) – These are issues that don’t pose an immediate threat to health or safety. These repairs are generally minor, like a faulty light switch, a loose wire, or a short circuit.
- Non-urgent Repairs (Up to 28 days) – These repairs don’t require immediate action but will need attention. These are problems such as leaky faucets, minor electrical issues like non-essential outlets not working.
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- Tenants’ responsibility – submit a detailed request using the maintenance, repair challenges in your tenancy agreement, and be flexible with scheduling, as these are repaired based on availability.
What to Do If Your Landlord Fails to Comply With Renting Maintenance Response Times?
If your landlord repeatedly fails to make a timely repair, there are multiple options for you to consider:
- Ensure the issue is reported correctly – As a tenant, you’re responsible for reporting an issue to your landlord. There should be an outlined process for you to follow when reporting problems, including your contact information.
- Escalate the issue – If your landlord hasn’t responded to your report of the issue, you should escalate the issue.
- Report to your Local Council’s Environmental Health Department – They can conduct an HHSRS inspection and if defects are found, they can issue an improvement notice with a specific date for completion.
- Private Rented Sector Landlord Ombudsman Service – Part of the renters’ rights bill, which all landlords will be required to join, it will have similar powers to the existing Social Housing Ombudsman.#
- Request a rent discount – If you have been living with an issue for an unacceptable amount of time, you can request a rent reduction to help avoid court action; however, the landlord isn’t obliged to agree.
- Take legal action – If the property isn’t suitable for human habitation, you can claim a breach of contract. A mediation process is designed to help resolve these disputes out of court, yet if no agreement is made, this can escalate into court.
Tips for Effective Communication and Faster Resolution With Property Maintenance
While landlords can face issues like residents not reporting issues, lack of access, or difficulty in finding contractors, tenants can help in facilitating quicker resolutions by:
- Reporting the issue promptly – Nothing can be resolved unless the issue is reported
- Specific, detailed reports – Include as much information as possible, including the issue, location, and pictures or videos to help streamline the resolution.
- Use official channels – Follow the outlined communication methods.
- Be flexible – Cooperate with your landlord to allow access to the contractors as soon as possible.
- Keep records – Maintain a record of all communications related to your requests, including dates, times, and details.
Understanding your rights and responsibilities, whether you are a landlord or a tenant, helps you to take the appropriate steps to ensure that your property maintenance requests are handled effectively and to a high standard.
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