Disrepair claims: responsibilities and defences of a social housing landlord

Social housing landlords have a legal duty to maintain their properties in a state of good repair, stemming from statutory obligations and the terms of the tenancy agreement. 

The primary legislation governing these responsibilities includes the Landlord and Tenant Act 1985 and the Housing Act 2004.  

Under these acts, a landlord must ensure that the structure and exterior of the property, including the roof, walls, windows, and doors, are kept in good repair.  

Additionally, you must maintain installations for the supply of water, gas, electricity, sanitation, and heating. 

The tenancy agreement for the property might also set out repairs you have agreed to do which goes further than the law provides.  

You should also understand your responsibilities when it comes to disrepair claims. Disrepair refers to the condition of a property when it is in poor or defective condition, impacting its habitability or safety. Your tenants can file disrepair claims when they believe their landlord has failed to maintain the property adequately, leading to issues such as damp, mould, broken heating systems or infestations, usually of rodents. 

These claims can result in legal action and compensation and legal costs demands, making it essential for landlords to be well-informed about their duties and possible defences. 

Defences against disrepair claims

A common defence in disrepair claims is tenant negligence. If the tenant has caused the damage through misuse or neglect, you may not be held liable for the repairs. For example, if a tenant fails to report a minor leak which then causes significant damage, you can argue that the tenant’s inaction contributed to the disrepair. 

Another potential defence is when you have been unable to gain access to the property to carry out repairs. You must demonstrate that you have made reasonable efforts to arrange access, including providing appropriate notice and scheduling appointments at convenient times for the tenant. It is of the utmost importance that your records are kept up to date for all issues and especially access. 

If the tenant did not report the disrepair issue, you may also use this as a defence, you are not expected to fix issues you are unaware of. That is not the same for repairs which are required for communal areas where you are regarded as being on notice as soon as a repair is needed. 

You can defend against claims by showing that you have addressed reported disrepair within a reasonable timeframe but, as with most compliance-related issues, documenting repair requests and actions taken is vital evidence in these cases. 

If you are facing disrepair claims and you’d like help from a solicitor, please get in touch with one of our team.  

Tenancy agreements best practices for social housing landlords

Fundamentally, a well-drafted tenancy agreement can prevent many disputes.  

Here are some best practices for social housing landlords when drafting and maintaining tenancy agreements. 

• Use clear, plain language to ensure that tenants understand their rights and responsibilities.  

• Include detailed clauses that cover all aspects of the tenancy, such as rent payment terms, repair responsibilities, property use restrictions, and procedures for reporting repairs.  

• Ensure the tenancy agreement complies with current legislation, including the Housing Acts 1985 and 1988, the Deregulation Act 2015 and the Equality Act 2010.  

• Regularly review and update agreements to reflect changes in the law and speak to your solicitor for help. 

• Include terms that are fair and reasonable. Unfair terms could be challenged under the Unfair Terms in Consumer Contracts Regulations 1999, potentially rendering parts of the agreement unenforceable.   

• Clearly delineate the repair and maintenance obligations of both the landlord and the tenant.  

• Detail the procedures for reporting disrepair, including contact information and expected response times.  

• Outline behavioural expectations and property use guidelines. This includes rules on noise levels, maintenance of communal areas, and restrictions on subletting or alterations to the property. 

It’s important that you conduct periodic reviews of tenancy agreements to ensure they remain current and reflective of best practices.  

This also provides an opportunity to address any emerging issues or changes in tenant demographics. 

We strongly suggest you encourage and consider tenant feedback when reviewing agreements as understanding tenant concerns and experiences can help improve the tenancy agreement and enhance tenant satisfaction. 

If you’d like help drafting a tenancy agreement or you’d like assistance navigating a disrepair claim, we can help. Please get in touch with one of our Team.