Property repairs guidance for the Hambleton area

Find out about the standards you can expect from your rented property and your landlord’s responsibilities.

As a tenant you have the right to have your home kept in a reasonable state of repair but you also have an obligation to look after the accommodation.

Your tenancy agreement should give details of your responsibilities and those of your landlord in carrying out repairs.

A landlord must provide accommodation which gives a safe and healthy environment for tenants. Standards can vary between different types and ages of property.

The Housing Act 2004 housing health and safety rating system identifies 29 hazards found in poor housing. A property can be assessed against these hazards. 

Common hazards include:

  • inadequate heating, ventilation or thermal insulation
  • unsafe or unreliable gas and electrical supply
  • excessive dampness and water leaks
  • disrepair to stairs, or lack of guarding or lighting
  • lack of kitchen, bathroom or drainage facilities
  • lack of fire safety
  • structural collapse
  • overcrowding

Where hazards that pose a significant risk to health or cause a nuisance to others are identified, the landlord can be required to carry out appropriate repairs and improvements to rectify the problem. Unfortunately, appearance or decorative issues cannot be taken into consideration.

How to involve your landlord

If you feel you are living in unsatisfactory conditions, you should first raise the issue with your landlord, making a note of the date you made contact and listing all the issues raised. Ideally this should be done in writing.

Your landlord must be given a reasonable amount of time to investigate and undertake any repair work. This can sometimes involve third parties such as builders or electricians so may take time.

You do not have the right to withhold rent to force your landlord to do repairs. Withholding rent could mean the landlord takes legal action against you for rent arrears and you could lose your home.

What to do if your landlord takes no action

Where your landlord will not take any action, you can make a formal complaint to our environmental health team. We could inspect your home and liaise with your landlord on your behalf.

Inspections are carried out under the provisions of the Housing Act 2004. While it is rare, the landlord may decide to end your tenancy if they do not support your complaint to us. However, if the landlord wants to continue renting the property they will still have to undertake repairs, even with a change of tenant.

Before accepting a complaint we need to see evidence that you have tried to contact your landlord to resolve the complaint and you must supply us with your landlord’s details.

Legally, we have to notify the landlord 24 hours before inspecting the property. We will inspect the property within five working days of the complaint. We will look at all usable rooms along with loft space, outdoor areas and buildings that you have access to. You can accompany our officer who will take photographs of the defects. 

The information we obtain will be used to carry out a risk-based assessment to rate the hazards. They are rated from A to J, with A the highest risk to health. We have a duty to take enforcement action for hazards rated A, B or C. Our enforcement policy also allows us to take action on hazards rated D.

We will write to you and your landlord detailing our inspection findings and works needed. The initial approach will be informal, but if the landlord fails to address the hazards, we will take action.

An improvement notice can be served, which legally requires the necessary repairs to be carried out within a specified timescale. Failure to comply is a criminal offence punishable on conviction in the magistrates’ court by a fine of up to £5,000.

Where there is an imminent risk of serious harm and work needs to be carried out urgently, such as no heating or hot water, and the landlord will not carry out the work or cannot be contacted, an emergency remedial action notice can be served. This allows us to employ a contractor to carry out the works and recover the cost from your landlord. We will aim to respond to these complaints within 24 hours.

Our intervention as a result of a complaint does not give you additional points towards housing association or council property waiting lists.

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