Who is responsible for repairs?

Your tenancy agreement or tenancy statement should outline who must carry out repairs when renting privately. If the state of the accommodation is damaging your health, or if it is unfit or in disrepair you may be able to get help to force your landlord to carry out repairs.

You may be able to get help from your local council if the condition of the property is damaging your health , is unfit or in substantial disrepair. Contact a local advice agency for more information on getting repairs carried out.

Structure and exterior

Tenancy agreements usually outline that your landlord has responsibility for repairs to the structure and exterior of the property. This may include:

the roof,
chimneys,
guttering,
walls,
windows and doors (not the glass in the windows).

Dampness

Your landlord may be responsible if the dampness is caused by:

a lack of damp-proof course,
poor ventilation,
a hole in the roof
damage to the structure of the walls

You will usually need to show that the dampness is affecting your health in order to force your landlord to do any work.

It can be difficult to get repairs carried out if the dampness is caused by condensation. For example:

drying clothes indoors,
the heating system isn't being used effectively.

Contact a local advice agency if you are having problems with condensation.

Pipes, drains, gas and electricity

Your landlord is responsible for keeping the equipment for the supply of water, gas and electricity in good repair - even in the absence of a tenancy agreement. This includes:

water pipes,
gas pipes,
flues and ventilation,
drains,
electricity supply.

Appliances

Your tenancy should state who is responsible for cookers, fridges or washing machines. Your landlord is responsible for the safety of any gas appliances provided.

Internal decorations

You are usually responsible for minor repairs to the internal decorations unless these are:

caused by disrepair or dampness that is the landlord's responsibility,
due to normal wear and tear.

Your tenancy agreement should state who is responsible for decorating and maintaining the internal decorations. If you want to redecorate, you should get your landlord's agreement. You will only have to redecorate before you leave if:

your tenancy agreement says you must,
you have damaged the interior decoration.

My tenancy began before 1 April 2007 and I don't have a tenancy agreement

If you don't have a tenancy agreement your landlord usually only has to keep the outside of the property in good condition. Unless the state of the accommodation is damaging your health, or doesn't meet the basic fitness standards it can be very difficult to force your landlord to carry out repairs. You could also be evicted quite easily if you don't have a tenancy agreement.

If you are in a tenancy that was formerly known as a regulated tenancy, default obligations set out below may apply to you. Seek advice if you are in this situation.

My tenancy began after 1 April 2007 and I don't have a tenancy agreement

If you don't have a tenancy agreement or if repairing responsibilities are unclear in that agreement, certain default repairing obligations will apply to your tenancy. This means that the landlord is responsible for:

the structure and exterior of the property,
the interior of the property (beyond any damage by the tenant),
heating appliances.

As a tenant, you are obliged to:

take care of the premises,
make good any damage caused by you or anybody lawfully visiting or living there,
keep the inside of the property in reasonable proper order.

You are entitled to a tenancy statement . This statement should also outline repairing obligations for the tenant and the landlord.

How to get repairs done

Report the problem to your landlord in writing. Date the letter and keep a copy, even if you have spoken to your landlord about the problem. You may want to take photographs showing the repairs that need to be done. These can be useful if you have problems getting your landlord to do the repairs.

If your landlord is responsible for the repairs they should be carried out within a reasonable time. There may be fixed time limits for repairs. The length of time that the law considers reasonable depends on the type of repairs needed. Some repairs should be carried out urgently. For example, a blocked drain.

If you are responsible for the repairs, get your landlord's agreement and make sure the repairs are done within a reasonable time. Always get a receipt for any materials or work you pay for. If you arrange repairs yourself and these are not done correctly, you could be held responsible.

You may be able to apply to your local council to inspect the property if you feel that it is in disrepair or unfit. If you are a tenant of a property that does not have a certificate of fitness already, you may be able to apply to your local council for a fitness inspection of the property. However the majority of properties in Northern Ireland do not need to have a fitness inspection so check first .

If the property subsequently fails to get a certificate of fitness, the rent payable by you may be subject to rent control. These rent control measures are designed to encourage landlords to fulfil their repairing obligations.

What if the landlord won't carry out the repairs?

If your tenancy agreement states that the landlord should carry out the repairs you should tell the landlord that he is in breach of your contract. If your landlord doesn't carry out the repairs you might be able to force your landlord to do them if the condition of the property is damaging your health. You may also be able to get help from the local council if the property doesn't meet the basic fitness standards.

However, if you only have a short period of time left on your tenancy agreement, or you don't have a tenancy agreement your landlord may try to evict you instead of carrying out the repairs. If your landlord tries to evict you without giving 28 days' notice it may be an illegal eviction.

If you have a protected tenancy and your local council serves a notice of unfitness or disrepair on the property the council may be able to get a court order to force your landlord to carry out certain types of repairs.

If after a fitness inspection , the property is refused a certificate of fitness the amount of rent payable on that property may be controlled. The local council should detail a schedule of works necessary to make the property fit as well as a time scale in which work must be done.

Your landlord is obliged to carry out the works within a reasonable time. Failing this, the council may do the work itself. If you have any doubt about your rights, get advice from Housing Rights Service.

Your landlord should be reminded that they may be liable for damage or injury caused in the property because of defects of that property.