Can my landlord evict me if I need a repair doing?
If you are a private tenant and:
- you share your accommodation with your landlord, or
- you moved into your property after 28th February 1997
you will have limited rights to stay in your home. This may put you in a difficult situation if you are in conflict with your landlord over their repairing obligations.
Beware, your landlord may decide to take action to evict you rather than carry out your request to complete the repairs. If you are affected by this get advice before you take any action.
If you are not sure what rights you have as a tenant, you should always get advice before you try to force your landlord to carry our repairs.
What repairs must a landlord carry out?
Your landlord has to keep the following in good repair:
- The structure and outside of the building (eg roof, walls, floors, doors and windows, gutters, pipes and drains)
- The plumbing (eg baths, toilets and basins)
- Electrical wiring and gas pipes
- Fixed heaters and water heaters
What about my gas heater?
Your landlord should have all gas appliances serviced every year by a CORGI registered engineer. You should be given a copy of the gas safety certificate within 28 days of the check.
What's the best way to ask my landlord to carry out a repair?
When a repair is needed you should tell the landlord as soon as possible. It's always a good idea to put your request in writing and to keep a copy of the letter. You should give the landlord a 'reasonable' period of time within which to carry out the repair.
What if I don't have my landlord's details?
You have a legal right to be given the name and address by the landlord's agent or the person you pay rent to. If you put this request in writing to your landlord's representative, they have an obligation to provide you with this information within 21 days, or they risk prosecution. Alternatively, you can find out the name and address of your landlord for a small fee, through the Land Registry (external website).
What if I rent from an Accommodation Agency?
Some accommodation agencies manage properties for landlords as 'managing agents'. In this situation you may pay rent to the agency rather than the landlord and the agency may be responsible for the repairs to your home. Because the agency is only acting for the landlord, it is advisable that you notify the landlord as well as the agent about outstanding repairs.
How long is a 'reasonable' period for a repair?
This will depend upon the kind of repair. As a rule of thumb, 28 days is often considered reasonable for repairs that are not urgent, and for urgent repairs it's often one to two days.
Should I stop paying the rent and / or get the repairs done myself?
The general rule is that you should never stop paying the rent to try and force your landlord to do repairs. If you do, your landlord may go to court to make you leave your home because you are behind with the rent.
In some instances, you may be able to use the rent to pay for repairs to be completed, but there is a very strict procedure to follow if you intend to do this so get advice before you take any action.
What if my landlord doesn't carry out the repairs?
If your landlord takes no action to do the repairs within the reasonable period, you may be able to take action in the County Court. It is a good idea to take photos of the disrepair or damage to your possessions as evidence to support your case. If you think your health has been affected, talk to your doctor. Always get advice from a Housing Adviser or Solicitor before taking court action. Some landlords may decide to evict tenants if they try to enforce their rights.
What if the repairs are endangering my health?
If the repairs are 'health and safety' repairs (such as repairs where there are problems with damp, condensation, lack of clean water, ventilation, infestation etc.) and you live in Manchester, the Private Sector Housing Team in Manchester City Council may be able to help you. They can send an Environmental Health Officer to inspect your home. If they think the repairs need doing, they can give your landlord an official Notice that legally requires him / her to do the repairs before a set date.
Private tenants in Manchester only: you can contact the Private Sector Housing Team online (external website) or by telephoning 0845 6024852.
Information on other Websites
Shelter
Information about private tenants and rights to repair (external website)
AdviceGuide (external website)
Information about repairs including the right of the landlord to enter the property and dealing with damp
Community Legal Service
Renting and Letting - Rights for landlords and tenants (external website)
Need more help? Live in Manchester? Send us an email
Information Provider:
Manchester Advice
Date Reviewed:
21 October 2008
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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