What Happens When a Landlord Fails to Act
Collaborative Post
When a home falls into disrepair, tenants rely on their landlord to resolve problems promptly. Whether it’s a leaking roof, broken boiler, or spreading mould, these issues can worsen quickly if ignored. But what happens when a landlord fails to act? Understanding your rights and knowing the proper steps to take can make all the difference between a safe home and one that becomes unfit to live in.
The Legal Duty to Maintain a Property
Landlords in the UK are legally required to keep their properties safe, habitable, and free from serious hazards. This includes repairing the structure and exterior of the property, maintaining heating and plumbing systems, and ensuring electrical installations are safe. These duties are set out under the Landlord and Tenant Act 1985, which states that homes must be “fit for human habitation”.
Tenants also have responsibilities, such as reporting problems promptly and taking reasonable care of the property, but once an issue has been reported, the duty to fix it lies squarely with the landlord.
When Reporting Problems Isn’t Enough
Most repair issues begin with a simple report, often by phone or email. If the landlord does not respond, tenants should follow up in writing. A written complaint creates a record of when the problem was reported and gives the landlord a reasonable opportunity to act.
However, some landlords delay or fail to respond altogether. As time passes, the problem can worsen, damp spreads, leaks cause structural damage, and unsafe living conditions develop. Ignoring these issues may amount to a breach of the landlord’s legal obligations and could justify further action.
Consequences of Inaction
When landlords ignore repairs, the impact extends beyond inconvenience. Damp and mould can cause respiratory problems, while broken heating or poor insulation can lead to illness during winter. The stress of living in unsafe or unhealthy conditions can also affect mental wellbeing.
From a legal perspective, landlords who fail to carry out essential repairs may face enforcement action. Local councils can inspect properties under the Housing Health and Safety Rating System (HHSRS) and issue improvement notices requiring urgent repairs. Failure to comply can result in fines or prosecution. In extreme cases, the property may even be declared unfit for habitation.
What Tenants Can Do
Tenants are not without options. If a landlord fails to act, the first step is to contact the local council’s environmental health department. They can inspect the property and, if necessary, take formal action to compel repairs.
Where conditions remain unresolved, tenants may also be entitled to pursue a Housing Disrepair Claim. This process allows tenants to request that essential works are completed and, in some cases, seek compensation for the inconvenience, health problems, or property damage caused by neglect. The purpose of a claim is not to punish landlords but to ensure accountability and to restore the tenant’s right to a safe, habitable home.
Protecting Tenants and Communities
Neglected housing affects more than just individual tenants. Poor living conditions contribute to wider public health issues and increased costs for services such as the NHS. Addressing disrepair promptly benefits everyone, tenants enjoy healthier living environments, and landlords protect the long-term value of their properties.
Ultimately, safe housing is not a luxury but a basic right. When landlords fail to act, tenants have legal protections to ensure that right is upheld. Knowing how to document issues, escalate complaints, and seek appropriate remedies can empower tenants to take control of their living situation.
Ignoring disrepair never makes it go away. Taking action early helps prevent minor problems from turning into serious risks, ensuring that every tenant can live in a home that is safe, secure, and fit for purpose.
Photo: Getty Images on Unsplash+
This article is for information only. If you need further legal advice, please consult a professional.