Advice for private rented tenants

Disrepair

A landlord has a duty of care and must ensure that the property remains in a reasonable state of repair at all times and it is safe to occupy. A tenant or leaseholder also has a duty to ensure that whilst living there, the property is kept in reasonable condition as required by the tenancy agreement.

Reporting poor housing conditions or disrepair

If there is a fault or damage to your home, in most cases, the landlord has a responsibility to repair your home.

To start the process, contact your landlord as soon as possible and write to them, by letter, email or text message, about the problems with the property. Keep copies of all letters, emails and messages that you send.

If you have contacted your landlord about repairs and have not received a satisfactory response, we may be able to take action. We can provide advice and where necessary, order the landlord to do the necessary repairs.

Visit the Shelter website for further advice on how to report problems and for a template letter you can use to make a report to your landlord.

How to make a report

When you contact us to report poor housing conditions in your rented property, please provide the following:

  • details of the problem
  • information about when you first reported the issue to your landlord/housing association and any action (if any) that has been taken and any responses you have received from them
  • contact details for your landlord/housing association: address, telephone, email
  • if you live in a property managed by a housing association, details of any case officer who has been dealing with your complaint

Once we receive your report, an officer will contact you to ask for more information to help us decide how to deal with your concerns. We may also ask you to send us photographs of the problem. We will take a risk-based approach when deciding on what will be the most appropriate course of action.

Prioritising reports

We prioritise:

  • complaints of poor housing conditions in the private rented sector
  • conditions reported that may be serious hazards to safety or health of occupants in the next 12 months
  • vulnerable people, for example:
    • households with older people and those under five years of age
    • disabled people,
    • those in fuel poverty for excess cold
    • protected tenants
  • conditions in private residences that pose a serious public health risk

We will aim to assess your complaint within two working days.

Dealing with other situations

Overcrowding

Overcrowding can cause severe stress in any household. In a house in multiple occupation (HMO) it puts a strain on the use of kitchen and bathroom facilities. It can also increases the risk of fire.

We can take action to limit excessive numbers of people to prevent overcrowding. We can also take formal action if the property is an unlicensed HMO and limit the number of people as part of the HMO licence.

Power and water supplies

If your electricity, gas or water supply has been disconnected due to the landlord's failure to pay the accounts, we can serve a formal notice ot get these reconnected.

Drainage

Defective or blocked drains are a severe health risk . We have the power to require landlords to carry out any urgent repairs. In certain circumstances the necessary repairs will be carried out by council workers.

Housing health and safety rating system

HHSRS aims to ensure that any home is a safe and healthy environment to live in or visit. It is comprehensive in its coverage of key health and safety risks in dwellings.

The housing health and safety rating system (HHSRS) is used by the Private Sector Housing team to assess the health and safety risks in dwellings.

Retaliatory evictions

Under the Deregulation Act 2015, if you make a complaint about property conditions and you are an assured shorthold tenant (AST) any Section 21 notice served may be invalid.

Your landlord may not serve a notice if they:

  • did not respond within 14 days/provide an adequate response to your disrepair complaint
  • issued the Section 21 notice after you made a complaint
  • have been issued with an Improvement Notice under the Housing Act 2004. No valid section 21 notice can be served within six months of the date a Housing act 2004 notice was served.

For more information, read page 11 of the ‘How to Rent’ guide (listed below).

If you have been served a Section 21 notice and think it may be invalid, contact our Tenancy Relations Service:

Further information

Find out more about your rights and responsibilities as a tenant renting a property in the following "How to rent" government guides:

Contact us

If you have any questions, contact the Private Sector Housing Team:

Last updated: 14 January 2025