Tenants' rights - repairs

Transcription

1 Factsheet 67 May 2014 Tenants' rights - repairs About this factsheet This factsheet provides information about your rights to repairs in rented accommodation. It explains how your rights may be affected by the type of tenancy you have, what to do to get repairs done and what help may be available for improvements and adaptations in rented accommodation. For information about other aspects of tenants rights see the Age UK range of dedicated factsheets. We also publish a range of factsheets on finding accommodation, both in the private rented sector and from social landlords, as well as specialist housing such as retirement housing and park homes. The information given in this factsheet is applicable in England and Wales. Different rules may apply in Northern Ireland and Scotland. Readers in these nations should contact their respective Age UK organisation for information specific to where they live see section 14 for details. For details of how to order other Age UK factsheets and information materials go to section 14. Factsheet 67 May of 22

2 Inside this factsheet 1 Recent developments 3 2 Introduction 4 3 All tenancies Repairs Gas safety Electrical safety Furniture Energy performance certificate (EPC) 7 4 Council tenancies 7 5 Housing association tenancies 7 6 Getting repairs done 9 7 What your council can do Environmental Protection Act Housing Act Houses in multiple occupation (HMO) 12 9 Complaints about councils Action you can take yourself Getting the repairs done yourself Help with repairs and adaptations Disabled Facilities Grant Heating and insulation improvements Useful organisations Further information from Age UK 20 Factsheet 67 May of 22

3 1 Recent developments From 1 April 2013, complaints about registered providers of social housing (including local authorities) with regard to their functions as landlords have to be directed to the Housing Ombudsman Service (HOS). However, complaints about local authorities wider activities such as discharging their statutory duties in homelessness or housing allocation under Part 6 of the Housing Act 1996 will still be dealt with by the Local Government Ombudsman (LGO). For more information contact the relevant Ombudsman (see section 13). The HOS and LGO are England bodies only. In Wales, the relevant Ombudsman service for all these issues will be the Public Services Ombudsman for Wales (see section 13). In Wales, a Housing (Wales) Bill was introduced by the Welsh Government Minister for Housing and Regeneration in November The proposals include a mandatory registration and licensing scheme in the private rented sector (covering landlords, letting agents and management agents), an increased focus on preventing homelessness and measures to reduce the number of properties left empty on a long term basis, through encouraging owners to rent or sell them (it is hoped that this will increase the supply of housing). The Welsh Government ran a consultation in 2013 on further proposed housing legislation for Wales the Renting Homes Bill (Wales). The Welsh Government has indicated that it wants to simplify tenancy law and that everyone who rents their home be it from a local authority, housing association or private landlord will be covered by the legislation. It is proposed that all current housing tenancies would convert automatically to one of two new types of rental contract on a set date. There will be a secure contract (based on the current local authority secure tenancy) and a standard contract (similar to the current assured shorthold tenancy used mainly in the private rented sector). However, the Bill is not expected to be considered by the National Assembly for Wales before If passed, the changes may take effect in late 2015 or early Factsheet 67 May of 22

4 2 Introduction As a tenant you have certain rights to have repairs carried out. Your tenancy agreement should tell you who is responsible for which repairs. Even if your tenancy agreement does not say so, the law says that the landlord is responsible for major repairs (see section 3.1). There is a great deal of legislation which protects tenants in relation to disrepair which we do not look at in this factsheet. Disrepair is a very complicated area of the law and you should always seek specialist advice if you are experiencing difficulties with disrepair. Important: Before you take any action, consider what security of tenure you have and how easily you can be evicted. If you are not sure what tenancy you have, seek advice (see section 13) or use the interactive tool tenancy checker on the Shelter website (see section 13). If you only have limited security of tenure, for example you are an assured shorthold tenant (most tenancies that started on or after 28 February 1997), you may need to think carefully whether you want to take action against your landlord. Unfortunately, although you may have the right to have the repairs done, your landlord may be less likely to agree to your staying in the property at the end of the fixed-term tenancy if you have taken action against him/her. If the disrepair in your home is serious and your landlord refuses to co-operate you may need to think about finding other accommodation. Age UK publishes a range of factsheets on rented accommodation (see section 14). Factsheet 67 May of 22

5 3 All tenancies 3.1 Repairs Under section 11 of the Landlord and Tenant Act 1985, for all tenancies of a term of 7 years or less which began on or after 24 October 1961 the landlord is responsible for all repairs to the structure, exterior and installations of the property. The exceptions are if your tenancy was originally for a fixed term of more than seven years or if it began before 24 October However, some fixed term tenancies of seven years of more that were granted after 1 April 2012 are covered by section 11 of the Act. These include: new flexible tenancies 1 and assured shorthold tenancies granted by registered providers of social housing. Under the Landlord and Tenant Act 1985, your landlord is responsible for repairs to: structure roof, floor, walls, windows and plaster exterior gutters, pipes and drains installations plumbing and sanitary fittings, eg baths, toilets, basins, electric wiring, gas piping, water and central heating. Your landlord is also responsible for making good any damage to internal decoration caused by disrepair or caused when repair work is carried out. This includes repainting and replacing damaged items such as carpets. This law applies to all tenants whether council, housing association or private, regardless of what your tenancy agreement says. 1 Flexible tenancies apply in England only. The Welsh Government does not intend to introduce them in Wales. Factsheet 67 May of 22

6 Your tenancy agreement may give both you and your landlord extra duties. For example, it may say that your landlord will redecorate the accommodation on a regular basis or that you have to clean the windows. Please be aware that no liability can be imposed on your landlord for breach of its repairing duty unless your landlord has knowledge of the disrepair and fails to carry out the necessary repairs within a reasonable period of time. As a tenant, you have a responsibility to report disrepair to your landlord as soon as you become aware of it. 3.2 Gas safety Gas equipment provided by your landlord, such as cookers or fires, must be checked for safety annually by a gas engineer registered with the Gas Safe Register. Your landlord must keep a copy of the safety inspection for a minimum of two years and fix any problems reported by the engineer. You must be given a copy of the record within 28 days of the check and a copy of the last record before you move in to the property. As a tenant, you have a duty to permit access to the property for the purpose of gas safety checks. Tenants are also responsible for their own gas appliances. 3.3 Electrical safety Requirements for electrical safety checks in accommodation are not specified in regulations unless the accommodation is a house in multiple occupation (HMO), in which case the landlord has to check electrical installations every five years (see section 8). Your landlord is legally required to make sure that all electrical installations are safe when your tenancy begins and that these are maintained in safe condition throughout the tenancy. Your landlord must also ensure that any electrical appliances provided in the property are safe and have at least the CE mark (this means they meet all the requirements of European law). Factsheet 67 May of 22

7 3.4 Furniture Any upholstered furniture provided by your landlord must be fire resistant unless it was made before Most furniture will carry a manufacturer s label saying so. 3.5 Energy performance certificate (EPC) Landlords must supply an energy performance certificate (EPC) to prospective tenants. This should give you an idea how energy efficient the property is and how much you will spend on fuel but it does not cover domestic appliance performance, such as a washing machine. 4 Council tenancies The law gives council tenants the right to have certain repairs, known as qualifying repairs, carried out quickly. The council has a legal duty to carry out small urgent repairs that cost less than 250, within set times. These are repairs that affect the tenant s health, safety or security. Examples include unsafe electrical fittings, a leaking roof, a non-flushing toilet, a blocked sink or bath, insecure doors, broken entry phone systems or loose banisters or handrails. The council should provide information about which repairs are covered and how quickly it has to carry them out. If it does not do these urgent repairs within the set time you can request that it finds another contractor. If the second contractor does not carry out the work in time, you are entitled to compensation up to 50 for any one job although you may not be entitled to any compensation if you failed to keep your appointment with the contractor. 5 Housing association tenancies In England Most housing associations are regulated by the Homes and Communities Agency. Under this regulatory framework, housing associations must have a complaints procedure in place which tenants can use if they feel the housing association is not fulfilling its repairing obligations. Factsheet 67 May of 22

8 If you are not satisfied with the outcome of your complaint to the housing association you may be able to take your complaint to the Housing Services Ombudsman (see section 13 for contact details). In Wales Housing associations are regulated by Welsh Ministers under Part 1 of the Housing Act Their role is guided by the Welsh Government document, Regulatory Framework for Housing Associations Registered in Wales (December 2011). In terms of the day to day running of the regulatory system, a Housing Regulation Team within the Welsh Government undertakes the work on behalf of the Ministers see Welsh Government entry in section 13 for contact details. The regulatory framework instructs housing associations that they must have a procedure in place to make it easy for people to make a complaint and for issues to be resolved quickly. You can use this complaints procedure if you feel they are not fulfilling their repairing obligations. If you are not satisfied with the outcome of your complaint to the housing association you may be able to take your complaint to the Public Services Ombudsman for Wales (see section 13 for contact details). Tenants' associations In both England and Wales, housing association tenants may be able to get their repairs done more quickly by asking their tenants association to help put pressure on the landlord. Factsheet 67 May of 22

9 6 Getting repairs done You should report any repairs to your landlord as soon as possible as your landlord may not be responsible for repairs it doesn t know about. It is always best to follow this up with your landlord in writing and keep a copy of your letter or . You should also keep notes of any conversations you have with your landlord. You have a legal right to know your landlord s name and address so if you do not know who your landlord is, ask the person who collects your rent, for example the letting agent, or check your rent statement. If you have problems identifying or getting in touch with your landlord you should seek further advice (see section 13). Your landlord should carry out repairs within a reasonable period of time. Certain repairs, such as blocked drains or gas leaks, should be done urgently. If your landlord does not carry out repairs within a reasonable time there are various courses of action you can take, for example, you could go to court to seek an injunction and/or to claim damages but you should always seek legal advice before doing so. Always consider security of tenure before you take any action see Age UK s Factsheet 68, Tenants rights security of tenure. You will need evidence to prove your case; this could include photographs, an expert s report (such as the council environmental officer), copies of any correspondence and a record of any treatment you received for any injury or illness you suffered as a result of the disrepair. Even if you decide to leave the accommodation, you may still be entitled to claim compensation for the landlord s failure to carry out repairs; you will need advice before you take this course of action (see section 13). Note: If the state of repairs in your home is so bad that it is not reasonable for you to continue to live in your property, you may be considered homeless. You should seek advice if you are considering leaving your property as you could be regarded as intentionally homeless and not eligible for help from the council. For more information on homelessness see Age UK s Factsheet 89, Homelessness (see section 14). Factsheet 67 May of 22

10 7 What your council can do 7.1 Environmental Protection Act 1990 If the disrepair is damaging or causing risks to your health and safety it may be classed as a statutory nuisance under the Environmental Protection Act This might include such things as damp, a leaking roof, rotten floorboards or window frames, piles of rubbish or dangerous wiring. If you are a housing association or private tenant and your landlord will not carry out necessary repairs, contact the environmental health department of your local council. The council will probably send an environmental health officer to inspect your property. If the officer thinks it is a statutory nuisance, the council can serve a notice on your landlord telling them that they must carry out repairs to remove the nuisance. If your landlord still does not carry out repairs, the council can carry out the necessary works and reclaim the money from your landlord. If you are a tenant of a local council and you think that they are responsible for a statutory nuisance that is affecting you then you will need to seek independent advice as the environmental health office cannot take their own council to court since the council is their employer. However, they do still have a duty to inspect for statutory nuisance. 7.2 Housing Act 2004 Under the Housing Act 2004 local authorities are required to use a system, called the Housing Health and Safety Rating System (HHSRS), to assess housing conditions in the area. Either as a result of a general review of the housing stock, or for other reasons such as an official complaint made by a local parish or community council, local authorities must inspect a property if they have a reason to think that a health or safety hazard exists there. Factsheet 67 May of 22

11 HHSRS involves a professional assessment of how dangerous the design and condition of the house is for someone living or visiting there. The assessor (an environmental health officer from the local authority) will look at whether the problems in the house would lead to an accident/illness, and how serious that accident/illness might be. The assessment is based on the risk to the potential occupant who is most vulnerable to that hazard (for example a child or older person). HHSRS assesses 29 categories including: dampness, excess cold or heat pollutants, eg asbestos, carbon monoxide, lead lack of space, security or lighting, or excessive noise poor hygiene, sanitation, water supply potential accidents falls, electric shocks, fire, burns, scalds potential for collisions, explosions, structural collapse. Hazards are rated according to how serious they are. The highest risks and most dangerous hazards are in Category 1 and the less dangerous are in Category 2. Local authorities have a duty to take action to deal with Category 1 hazards, and power (but not a duty) to take action to deal with Category 2 hazards. The courses of action available to local authorities include: serving an improvement notice requiring remedial work making a prohibition order that closes the whole or part of a property to all people or restricts the number of permitted occupants serving a hazard awareness notice that notifies the person responsible that there is a hazard and how to remedy it taking emergency action (where there is an imminent risk of harm, the authority can itself take the action to remedy the problem and then recover the costs.) making a demolition order Factsheet 67 May of 22

12 declaring a clearance area if other buildings in the area are also a hazard to health and safety. For more information see the Communities and Local Government website (in England), or the Welsh Government's website (in Wales) see section 13 for contact details. 8 Houses in multiple occupation (HMO) Some types of private rented accommodation which are occupied by more than one household are defined as houses in multiple occupation (HMO), for example, a house that is split into separate bed-sits, a house where several people have separate tenancy agreements or self-contained flats where unrelated occupiers share basic amenities. Some HMOs, for example, buildings of three storeys or more with five occupants or more in two or more households, must be licensed by the local authority. The council will only register a HMO if it meets acceptable standards. Landlords of HMOs have certain responsibilities such as: ensuring proper fire safety measures are in place providing an adequate water supply and drainage carrying out gas safety checks annually and checking electrical installations every five years keeping common parts clean and in a good state of repair ensuring there are enough rubbish bins and arranging for the collection of waste and ensuring the property is not overcrowded and is managed properly. If you are unsure whether you live in a HMO you should seek advice. If you have concerns about the HMO you live in you can contact the environmental health department of your local council who may be able to assess the property under the HHSRS system (see section 7.2). Factsheet 67 May of 22

13 9 Complaints about councils You can make a formal complaint to the council using its complaints procedure, for example, you can complain if the council has not carried out repairs within the time stated in its policy. You can also complain to your local councillor who may be able to put extra pressure on the council to carry out repairs. Your council offices or local library will have details of your local councillors. You can also complain to the relevant ombudsman service if you are not satisfied with the outcome of your complaint to the council (see section 13 for contact details). 10 Action you can take yourself If your landlord fails to carry out the repairs after being told about them, you can take action yourself in court. The court can award compensation and order the repairs to be done. Please be aware that taking court action in this way can be a long, complicated and potentially expensive procedure and you should always seek advice before doing so (see section 13). Also, some tenants have found that, if they do take court action in this way, their landlord subsequently refuses to renew their tenancy in retaliation. 11 Getting the repairs done yourself You can carry out or pay for repairs yourself if your landlord will not do so, but you have no right to be reimbursed by your landlord for the costs you incur. Tenants can be tempted to pay for repairs themselves and then to hold back money from their rent as reimbursement of these costs but this is a very risky course of action to take because landlords can take action to evict tenants who do not pay their rent. You should always seek advice before holding back any rent (see section 13). Factsheet 67 May of 22

14 12 Help with repairs and adaptations Local authorities have the power to provide assistance for repairs, improvements and adaptations to housing. The assistance can be provided in various forms including loans or grants of money. The local authority must set out clearly in its policy the types of assistance it will provide and this policy must be available to the public on request Disabled Facilities Grant Local authorities must provide a mandatory Disabled Facilities Grant for disabled people who do not have access to their home or to the basic amenities within it (see below). In some areas, there are Home Improvement Agencies (also called Care and Repair or Staying Put) that provide support for vulnerable people living in private rented accommodation to help them undertake adaptations, repairs and improvements to their home. To find out if there is one in your area, in England contact: your local Age UK your local council s housing department; or foundations the national co-ordinating body for Home Improvement Agencies (see section 13 for contact details). Or, in Wales contact: your local Age Cymru your local council s housing department; or Care & Repair Cymru (see section 13 for contact details) If you are a private tenant you may be able to get a Disabled Facilities Grant. You will have to get the agreement of your landlord to any adaptations that affect the structure of the dwelling. This can sometimes be difficult if landlords are unwilling for major changes to be carried out to their property. If you are a regulated tenant your landlord cannot unreasonably refuse this permission. When applying for a grant, you also have to state that you are going to live in your home for the next five years, which can sometimes be a problem for short-term tenancies. Factsheet 67 May of 22

15 Both council tenants and housing association tenants can get Disabled Facilities Grants but some councils and housing associations will instead use their own budgets to pay for disabled tenants adaptations. If your council or housing association takes a long time to do the adaptations itself or if it refuses to carry out adaptations that you need, you have the right to make your own application for a Disabled Facilities Grant. If you are entitled to a grant, the council cannot refuse to give you one just because you are a council or housing association tenant. You will have to get the agreement of your landlord (ie the council or the housing association) to any major alterations to your home. They should not refuse permission unreasonably. See Age UK s Factsheet 13, Funding repairs, improvements and adaptations for more information about the Disabled Facilities Grant Heating and insulation improvements In England The Green Deal is a new initiative to provide help with heating and insulation improvements which lets you pay for energy saving improvements through your fuel bills. Customers take out loans from authorised providers, have their homes made energy efficient by accredited installers and repay the loans over 25 years in instalments through their electricity bill. For more information see Age UK s Factsheet 1, Help with heating costs. In Wales There is a Welsh Government scheme called Nest, which aims to reduce the number of households in Wales in fuel poverty. A range of home improvements may be available from Nest if you live in a property that has a poor energy efficiency rating and you receive certain means-tested benefits; for example, Pension Credit. The Green Deal scheme also covers Wales. For more information see Age Cymru s Factsheet 1w, Help with heating costs in Wales. Factsheet 67 May of 22

16 13 Useful organisations The law relating to rights for tenants is complicated. This factsheet aims to give you basic information about your rights but in many cases you may want to get more detailed advice from a specialist adviser. Care & Repair Cymru A national body for Wales which aims to make sure that all older and disabled people have a home that is warm, safe and secure and appropriate to their needs. They bring together the expertise and finance needed to carry out necessary repairs, improvements and/or adaptations. There are local Care & Repair agencies throughout Wales (in England, see the entry below for foundations. Tel: enquiries@careandrepair.org.uk Website: Citizens Advice Bureau (CAB) National network of free advice centres including advice about national housing provision. Tel: (for contact details only not telephone advice) Tel: (National CAB advice line in Wales) Website: Department for Communities and Local Government Communities and Local Government has a useful website for more information relevant to England (in Wales, see Welsh Government entry below). Eland House, Bressenden Place, London, SW1E 5DU Tel: contactus@communities.gsi.gov.uk Website: Factsheet 67 May of 22

17 foundations The national body for home improvement agencies in England (in Wales, see the entry for Care & Repair Cymru above) Foundations, Bleaklow House, Howard Town Mill, Glossop, Derybshire, SK13 8HT Tel: Website: Gas Safe Register PO BOX 6804, Basingstoke, RG24 4NB Tel: Website: Homes and Communities Agency (HCA) The Homes and Communities Agency is the national housing and regeneration agency for England. The HCA is the new regulator for registered providers of social housing in England. It sets consumer standards but will only intervene in cases of serious detriment that have caused, or are likely to cause, harm (in Wales, see Welsh Government entry below). Tel: Website: Housing advice services In some areas there may be a specific housing advice or housing aid centre, providing advice on a range of housing issues. Your local council or CAB should be able to tell you if there is a housing advice centre in your area. Factsheet 67 May of 22

18 Housing Ombudsman Service Investigates complaints made by tenants of registered providers of social housing in England (including local authorities) that are members of the scheme in respect of their landlords functions. From 1 April 2013 a complaint has to go first to a designated person such as an MP, a local councillor or a designated tenant panel who will try to resolve the complaint. If the designated person cannot resolve the complaint, they will refer it to the HOS. Complaints can only be referred to the HOS directly by the tenant if either they waited eight weeks after exhausting their landlord s procedure, or the designated person either refused to refer the complaint, or agreed for the tenant to make a complaint directly. In Wales, see the entry for Public Services Ombudsman for Wales below. 81 Aldwych, London, WC2B 4HN Tel: Fax: info@housing-ombudsman.org.uk Website: Legal advice Solicitors can advise you on the law and represent you in court if necessary. If approaching a solicitor about a housing matter, check if s/he is experienced in housing law. Your local housing advice centre or Citizens Advice Bureau may be able to refer you to an experienced solicitor. If you are on a low income you may be able to qualify for free legal advice. For more information see Age UK s Factsheet 43, Getting legal advice. Local Government Ombudsman (LGO) For advice on making a complaint, or to make a complaint call the advice line on or , write to The Local Government Ombudsman at the address below, or fill in the form on the LGO website. In Wales, see the entry for Public Services Ombudsman for Wales below. PO Box 4771, Coventry, CV4 0EH Tel: Fax: Website: Factsheet 67 May of 22

19 Public Services Ombudsman for Wales The Ombudsman looks to see whether people have been treated unfairly or inconsiderately, or have received a bad service through some fault on the part of the public body providing it. The bodies within the Ombudsman s jurisdiction include local authorities and social landlords/housing associations in Wales. Tel: ask@ombudsman-wales.org.uk Website: Shelter A national charity providing telephone advice to people with housing problems on tenancy rights, homelessness, repairs and housing benefit. Tel: (free call) (textphone for deaf callers) Website: In Wales contact, Shelter Cymru: Tel: advice@sheltercymru.org.uk Tai Pawb An organisation in Wales that promotes equality and social justice in housing. They are committed to working in partnership with the providers and receivers of housing services, local authority partners, third sector (voluntary organisations) and the Welsh Government. Tel: info@taipawb.org Website: Factsheet 67 May of 22

20 Welsh Government The devolved government for Wales. Amongst other powers, the Welsh Government has responsibility for the regulation of social housing in Wales (as mentioned in section 5). Their website also has further information on the Housing Act Tel: or (Welsh) Website: 14 Further information from Age UK Age UK Information Materials Age UK publishes a large number of free Information Guides and Factsheets on a range of subjects including money and benefits, health, social care, consumer issues, end of life, legal, employment and equality issues. Whether you need information for yourself, a relative or a client our information guides will help you find the answers you are looking for and useful organisations who may be able to help. You can order as many copies of guides as you need and organisations can place bulk orders. Our factsheets provide detailed information if you are an adviser or you have a specific problem. Age UK Advice Visit the Age UK website, or call Age UK Advice free on if you would like: further information about our full range of information products to order copies of any of our information materials to request information in large print and audio expert advice if you cannot find the information you need in this factsheet contact details for your nearest local Age UK Factsheet 67 May of 22

21 Age UK Age UK is the new force combining Age Concern and Help the Aged. We provide advice and information for people in later life through our, publications, online or by calling Age UK Advice. Age UK Advice: Website: In Wales, contact: Age Cymru: Website: In Scotland, contact: Age Scotland: Website: In Northern Ireland, contact: Age NI: Website: Support our work Age UK is the largest provider of services to older people in the UK after the NHS. We make a difference to the lives of thousands of older people through local resources such as our befriending schemes, day centres and lunch clubs; by distributing free information materials; and taking calls at Age UK Advice on If you would like to support our work by making a donation please call Supporter Services on (8.30 am 5.30 pm) or visit Legal statement Age UK is a charitable company limited by guarantee and registered in England and Wales (registered charity number and registered company number ). The registered address is Tavis House, 1-6 Tavistock Square, London, WD1H 9NA. Age UK and its subsidiary companies and charities form the Age UK Group, dedicated to improving later life. Factsheet 67 May of 22

22 Disclaimer and copyright information This factsheet has been prepared by Age UK and contains general advice only which we hope will be of use to you. Nothing in this factsheet should be construed as the giving of specific advice and it should not be relied on as a basis for any decision or action. Neither Age UK nor any of its subsidiary companies or charities accepts any liability arising from its use. We aim to ensure the information is as up to date and accurate as possible, but please be warned that certain areas are subject to change from time to time. Please note that the inclusion of named agencies, websites, companies, products, services or publications in this factsheet does not constitute a recommendation or endorsement by Age UK or any of its subsidiary companies or charities. Every effort has been made to ensure that the information contained in this factsheet is correct. However, things do change, so it is always a good idea to seek expert advice on your personal situation. Age UK. All rights reserved. This factsheet may be reproduced in whole or in part in unaltered form by local Age UK s with due acknowledgement to Age UK. No other reproduction in any form is permitted without written permission from Age UK. Factsheet 67 May of 22