How to manage disputes about maintenance or disrepair: A guide for landlords

Disputes about maintenance and disrepair are one of the most common issues that arise between landlords and their tenants. 

These disputes can arise where either party is unaware of their rights or their obligations. The situation can often escalate quickly; leading to a damage in the relationship between a landlord and their tenant, and the withholding of rent.

For this reason, it is important that both parties understand their legal obligations as well as the consequences of any failure to comply with the same.

Legal obligations

The majority of tenancy agreements specify that landlords are responsible for maintaining the property's structure, exterior, and essential services such as heating, plumbing, and electrical systems. Failing to meet these obligations can result in a breach of contract, which may lead to a tenant claiming compensation.

Moreover, pursuant to the provisions of the Landlord and Tenant Act 1985, landlords must keep the property in a habitable condition and address repairs in a timely manner. The Homes (Fitness for Human Habitation) Act 2018 further extends these statutory obligations, requiring that the property is in a fit state for living throughout the tenancy. 

Whilst landlords have significant obligations regarding property maintenance, most tenancy agreements also require tenants to maintain the property's condition. For example, issues such as mould or pet infestations can sometimes be caused by the tenant’s use of the property.

Access for Repairs

One of the common issues arising in disputes about maintenance or disrepair is gaining access to the property. Subject to the terms of the tenancy agreement, landlords will usually be required to give at least 24 hours' notice before entering the property to carry out repairs, except in emergencies. However, tenants may sometimes refuse access.

To facilitate access, landlords are often advised to ensure that any communication is clear as to the reason for access and the importance of any necessary repairs being carried out in a timely manner. Further, it is important that access is requested in the proper way and in compliance with the terms of the tenancy agreement. It is often a requirement that access is requested in writing and with the requisite notice period.

If a tenant persistently refuses access, landlords should seek legal advice upon their options.

Rental arrears

When a property is in a poor condition, a tenant may use this as a reason to withhold rent. This can lead to rental arrears accumulating, which often results in a landlord issuing an eviction notice and the commencement of court proceedings. The condition of the property can also lead to the service of an improvement notice from the Local Authority, which may affect the landlord’s ability to regain possession by way of a Section 21 Notice.

In any claim for rental arrears where there are issues of disrepair, this can lead to a counterclaim being raised by the tenant. This often leads to a longer and more costly eviction process.

If you are a landlord facing a potential dispute over maintenance or disrepair issues and want to resolve it efficiently, please contact Izabela Toma on ixt@deanwilson.co.uk or 01273 249296.