Discovered that your washing machine leaks? Or is there (probably-sentient) mould creeping up your walls? It can be difficult to know what to do when these problems arise, and also to know who is responsible. We’ve put together these FAQs to answer some of your queries.
Your landlord is responsible for most repairs unless you damage something or misuse it so it stops working. You have a duty to report any damage to your landlord as soon as possible, otherwise you could be held responsible.
Your landlord is responsible for repairing both fixed items like taps and ovens, as well as any non-fixed items like furniture that have been provided (unless they have been damaged by the tenants). Sometimes landlords may argue that an item is not their responsibility if it was left in the property by previous tenants, or they may include a specific exclusion in their contract. As a result it is essential to make sure an inventory is carried out when you move in and that every item of furniture is included on this.
As tenants you are responsible for carrying out small maintenance tasks such as changing light bulbs and batteries in smoke detectors. You should also look after furniture and equipment provided, by cleaning it and using it for its purpose. Blocked drains are often cited in contracts as something that tenants could be held responsible for. Make sure that you don’t block the drains by putting inappropriate items like excessive fat and oils down them, otherwise your landlord may argue that it is your responsibility to pay for the cost of repair. As a general rule, assume that your landlord should be responsible for all repairs, unless there are specific instances outlined in your tenancy agreement and unless you, as the tenants, have damaged something yourselves.
If something stops working in your property, you must report it to your landlord as soon as possible. It is essential that you keep evidence of your contact with your landlord just in case things are not fixed and you need to take the matter further. If you telephone your landlord, follow this up with an email confirming what has been agreed.
If you or a guest damages something, you should report this to the landlord as soon as possible. The landlord may either get the item repaired and ask you to pay for part of this or expect you to have the item repaired yourself. Alternatively, they may use your deposit as a means of getting the repair work carried out and paid for. In all cases the cost of the repair should be reasonable; it is good practice to get three quotes for the work required to give you a good idea of an average cost.
While some charges may arise for damage beyond Fair Wear and Tear, students should not be held responsible for the total replacement cost of any item. For example, even if a wall was newly painted at the start of the tenancy, it would have aged during the tenancy, and the landlord is not entitled to have a brand new wall at the tenant's expense. This practice, known as "betterment," is prohibited. Instead, the tenant should only be liable for a proportion of the decorating costs to account for the lost lifespan of the paint or wall.
The landlord is not entitled to the full replacement cost for any item, instead only the “lost useful lifespan” of the item (this can often be zero in student rentals that are rarely refurbished). You can find more information in this guide produced by National Residential Landlords Association and the Tenancy Deposit Scheme: "A guide to product lifespans"
As many of the properties in Durham are old Victorian style terraced houses not originally built for modern heating systems, mould and damp issues are a common occurrence. Sometimes problems are caused by a lack of ventilation to the property or not enough heating, which can be exacerbated if tenants do not heat the house adequately or if the extractor fans in bathrooms and kitchens are not used regularly. Try opening your windows more often and keeping the room at a reasonable temperature. Of course, there can also be more serious underlying damp issues. If you are experiencing mould or damp problems please see Durham County Council’s information sheet for further advice.
There are no set time limits for repairs to be carried out, but your landlord needs to take into account the nature of the repair and whether it is considered urgent or not. Check your estate agent or landlord’s website for their specific policy on housing repairs and timescales. The following guidelines are considered good practice:
If your landlord does not either respond to your enquiry or fix the repair problem within a certain time, we would suggest the following:
Withholding your rent to pay for your repairs can put you at serious risk of eviction. Once you or the household (depending on whether you hold a joint tenancy) owe two months' rent or more, your landlord could apply to court to evict you and, in this case, the court would automatically grant it. Get advice from us if you are considering withholding your rent. Find our enquiries form here.
Problems that occur in your house can be extremely stressful as well as time consuming to sort out. If you do experience stress it is always worth reporting this to your college and/or department. If your academic work is affected it is advisable to make sure your department know about this at the time rather than afterwards; you may be able to apply for a concession to hand in work late or to have your experiences taken into account for summative assessments or examinations. You can find contact details for departments and colleges here.
If you live in college accommodation your situation and rights will differ from someone living in privately rented accommodation. You still, however, have the right to have any repairs to your room fixed. We would advise you to follow the following procedure:
The Advice Service can assist you with any questions you may have about your housing situation. Our service is confidential and independent. Please fill out our enquiries form here and we will be in touch.
Shelter are a housing charity who can offer free advice and guidance on a range of issues, including repairs and maintenance, so you know exactly what your rights are.
0808 800 4444
http://england.shelter.org.uk/home
Environmental health should be your last port of call if you've exhausted all other options (like asking your landlord for a dehumdifier or trying to keep your house as ventilated as possible), but you feel like you might have a dangerous and/or recurring issue with mould or damp in your home.
03000 261 016
Durham County Council has a Housing Solutions department, who can help you if you need to put pressure on your landlord to fulfill their contractual obligations. This could be to make sure they repair and maintain your home, or deal with issues like mould, damp and pest control.
03000 268 000
Page last reviewed: 10/10/23