Check if your landlord has to do repairs

Check if this advice applies to you

This advice will usually apply to you if you have an occupation contract with either:

• a private landlord

• a community landlord - this could be the council or a housing association

If you’re not sure you have an occupation contract, your landlord should have given you a written statement. Check your written statement - it will say that you have an occupation contract.

Even if you don’t have a written statement, you’ll still usually have an occupation contract if you:

• don’t live with your landlord

• started renting on or after 15 January 1989

Your landlord has to fix most repair problems in your home. There are also things you’re responsible for fixing yourself.

If you already know what type of problem you have, you can:

• check what to do if your home has damp

• check what to do if your home is infested with pests or vermin

• check what to do if there's a leak from your neighbour

• check how to deal with flooding

Repairs your landlord must do

Your landlord is responsible for most major repairs to your home. This includes:

• the structure of the property, for example walls, roof, windows and doors

• sinks, baths, toilets

• pipes and wiring

• heating and hot water, for example the boiler

• the safety of gas and electrical appliances

Your landlord might have to make reasonable adjustments to the property - for example, if you’re disabled and need a handrail to help you get upstairs. Check how to ask for reasonable adjustments if you're disabled.

You should check your written statement to find out if your landlord is responsible for any other repairs. For example, they might be responsible for repairing appliances they’ve provided, like a washing machine or fridge.

If your landlord is responsible for a repair, they’ll also have to fix any damage caused when making the repair.

If your landlord isn’t responsible for repairing an appliance they’ve provided, you can still ask them to repair or replace it - but they don’t have to agree.

Your landlord also has to meet a safety and quality standard. This is called the ‘Welsh Housing Quality Standard’. For example, they must make sure your home is safe and secure.

If your landlord doesn’t meet this standard, you can complain to them.

If you live in a 'house in multiple occupation' (HMO)

You’II usually be living in an HMO if you live in a shared house, bedsit or hostel with 2 or more people who aren’t part of the same family.

Your landlord has extra legal responsibilities on things like:

• fire and general safety

• water supply and drainage

• gas and electricity

• waste disposal

• the general upkeep of your home

Check how to complain about the condition of your shared house.

If you're not sure what repairs your landlord must do

If you need help working out what your landlord must do, you can talk to an adviser.

If your home isn’t safe to live in

Your home might be ‘unfit for human habitation’ - this includes shared parts of the building like entrance halls and stairs.

Your landlord has to make sure your home is fit for human habitation. This applies to most types of contract.

Your home might be unfit for human habitation if for example:

• it has a serious problem with damp or mould

• it gets much too hot or cold

• there are too many people living in it

• it’s infested with pests like rats or cockroaches

• it doesn’t have a safe water supply

• it doesn’t have working smoke or carbon monoxide alarms

• the electrics haven’t been checked

It doesn’t matter if the problem was there at the start of the contract or only appeared later.

Your landlord doesn’t have to make sure your home i’s fit for human habitation if you caused the problem by:

• not looking after your home properly - for example not using the extractor fan after having a shower

• doing something unreasonable - for example leaving candles burning when you go out

If you think your home isn’t fit for human habitation or you’re not sure, talk to an adviser.

If your landlord’s behaviour caused you injury or damage

If there’s a repair problem in your home that your landlord knows or should know about, they have to protect you from injury or damage caused by it. For example, if your landlord knew about a crack in the ceiling and didn’t fix it, they’re responsible if the ceiling collapsed and hurt you or damaged your belongings.

Your landlord also needs to make sure their behaviour isn’t causing you injury or damage. For example, they’re responsible if they’ve damaged your belongings while doing the repair work.

If the repairs were caused by another property

Your landlord is responsible for fixing the problem if:

• they own the property that’s caused the problem

• you can’t use or enjoy your home because of that problem

For example, if your landlord owns the building and didn’t maintain pipes in the roof and water leaked into your home.

In this case, you should report any problems to your landlord.

If someone else owns the property that’s causing the problem, your landlord might not be responsible for fixing it. In this case, you should complain to the owner or resident of the other property.

Check your home meets safety standards

Your landlord must make sure your home meets certain safety standards. This includes:

• making sure the property isn't overcrowded - if you’re not sure if your home is overcrowded, talk to an adviser

• installing mains-powered smoke alarms on every floor

• installing a carbon monoxide alarm in every room your landlord has put an appliance that burns fuel - for example a gas boiler, a gas cooker, or a wood or oil burner

• making sure any furniture your landlord gave you has a label to show it meets fire safety standards

• making sure gas equipment is safe - your landlord has to get a gas safety check done every year and give you a copy of the report

• making sure your electrics are safe - your landlord has to get the electrics checked every 5 years and give you a copy of the report 

Your landlord has to give you the electric report within 2 weeks of when your contract started or when the check happened.

Repairs you’re responsible for

If you’re renting, you’re responsible for:

• looking after your home 

• reporting repairs to your landlord 

• providing access to have any repair work done

• having a duty of care to your visitors

• repairing your own appliances - for example a washing machine you’ve bought

Looking after your home

Looking after your home generally means:

• doing minor repairs yourself, such as changing fuses and light bulbs

• keeping your home reasonably clean

• not causing any damage to the property and making sure your visitors don’t cause any damage

• using any fixtures and fittings properly, for example, not blocking a toilet by flushing something unsuitable down it

• not taking any fixtures and fittings from the property without your landlord’s permission

• not keeping anything in your home that could be a health and safety risk - like storing an electric bike by the fire escape

You should check your written statement to find out what your responsibilities are. 

Your landlord cannot include a term in your written statement that would pass on any of their repair responsibilities to you, for example, that you’re responsible for repairs to the roof. This type of term would not have any force in law.

Reporting repairs to your landlord

In most cases, your landlord isn't responsible for repair work until they know about it, so it's up to you to tell them about any repairs that are needed.

Reporting repairs is often a condition of your occupation contract, so you may have to report any problems even if they seem quite small or if you’re not too concerned about getting them fixed.

Check how to report repairs to a private landlord. If you rent from the council or a housing association and tell them about a repair problem, your landlord needs to confirm if they accept responsibility for fixing it. Check how to report repairs to a council or housing association.

Providing access to have repair work done

Most written statements include a term that says you must give access for repair work and will list what repairs your landlord is responsible for.

You should get at least 24 hours notice before a visit and be offered a reasonable time of day, for example between 8am and 6pm.

You might be able to agree a more suitable time with your landlord. Check your written statement, it might say you’re allowed more than 24 hours notice.

You can refuse access to your home. Your landlord or their agent can’t enter without your permission. If you refuse access you might break the term of your written statement.

Breaking a term won’t automatically cancel your occupation contract, but your landlord might be able to get a court order that says you have to give access. Your landlord might not be successful - it’s a judge that decides if a request for access is reasonable.

Your landlord can also ask the court for possession of the property if they think you have broken a term of your written statement.

If your landlord wants to end your contract for this reason, they’ll need to serve you written notice and persuade a court it’s reasonable to evict you.

If there's an emergency and your landlord can't get hold of you, they might be able to force entry if they need to get into your home. For example, a burst pipe in your flat is causing water to leak into the flat below. Check your written statement.

If your landlord does break into your home to deal with an emergency repair, they have to repair any damage caused.

If the repair work is to a communal area such as an entrance hall, your landlord doesn't have to give you notice to do the work.

Having a duty of care to your visitors

You have a duty of care to your visitors to make sure they and their belongings are reasonably safe in your home. This only applies if you invited or let them in.

You should check your written statement. It might say you have additional responsibilities. For example, that you shouldn’t store anything in your home that could be a health and safety risk to you, your visitors or others living nearby.

Repairing your own appliances

You're responsible for repairing any of your own appliances like a washing machine, or anything that you had installed, like a shower.

If your landlord supplied any electrical appliances, you might have to look after them. Check your written statement. Your landlord has to make sure that any gas appliances they supplied are safe, for example, a fitted gas fire.

If you or a visitor damage something in your home

If you or someone visiting your home accidentally or deliberately causes damage, you'll be responsible for repairing it. You should tell your landlord about the repair work needed. They may agree to do the work themselves and then recharge the cost to you, or they may agree to you fixing it yourself.

Getting repairs done

If you know your landlord is responsible for a repair problem, you can ask them to fix it.  How to get repairs done depends on what type of landlord you have.

If you rent from a private landlord

Check how to get repairs done if you’re renting from a private landlord.

If you rent from the council or a housing association

Check how to report repairs if you’re renting from the council or a housing association.

If you’ve already reported the repairs, you can:

• complain about your landlord's failure to make repairs

• if you rent from a housing association, get help from the local authority

• if you rent from the council, check if you can use the ‘right to repair’ scheme