We understand that not all student properties are in the best condition, but everyone deserves a safe home free of mould and disrepair. There are laws, processes and support systems to protect tenants and ensure landlords follow their duty of care. It's important that you understand your rights and responsibilities as a tenant when facing poor housing conditions, and more importantly, how to use them. 

Your Landlord's Responsibilities 

In the UK, landlords have statutory obligations to maintain certain aspects of a property under several different pieces of legislation. Particularly, Section 11 of the Landlord and Tenant Act 1985 states that:

"The landlord is responsible for maintaining and repairing the structure of the building (including drains, gutters and external pipes), the heating and hot water and the basins, sinks, baths and toilets. The landlord needs to keep all the gas and water pipes, electrical wiring, boilers, water tanks, and radiators but not washing machines, electric heaters etc in working order. These may be only covered in your tenancy agreement but not under section 11."

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Decoration 

The landlord is not generally responsible for internal decoration unless the internal structures have been damaged by disrepair or for any reasons the landlord is responsible for. For example, if damp from a damaged external wall has led to damp/mould on an inside wall, it can be argued that the landlord is responsible under section 11. 

Your Contract

Your contract or tenancy agreement should contain clear guidance on who is responsible for upkeeping each part of your home. This is usually broken down into Landlord and Tenant obligations.

The statutory (legal) obligations of landlords are a minimum requirement and must be followed whether stated in your tenancy agreement or not. Your landlord cannot use your contract to diminish their legal obligations in any way or pass these on to you as the tenant. If your contract in any way asks you, the tenant, to take responsibility for any statutorily protected maintenance, this cannot legally be enforced and you have the right to challenge this.

Your (Tenant) Responsibilities 

Tenants are generally responsible for maintaining the inside of the home to a clean and tidy standard with no intentional or preventable damage. If something in your home is broken, it is your responsibility to inform the landlord or agency so that they can make repairs. You will unlikely be charged or reprimanded for minor issues, as these are considered "fair wear and tear". You will, however, be responsible for fixing and repaying any intentional and/or preventable damages made by yourself or your guests. This includes indirect but preventable damages, for example, where mould has occurred due to failure to adequately heat or ventilate the home.

It is also your responsibility to allow reasonable access to the property for maintenance and repairs as needed. Your landlord must have a good reason to enter your home and give you fair notice to do so. If you cannot accommodate the request, you can negotiate a different time. However, total refusal to comply could result in excess charges from your landlord. 

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Reporting Disrepair

It's best to have a written copy of your report to the landlord or letting agent, so a simple email is the best way to do it. If you have made a report by telephone or in person, it's best to follow up with an email to confirm what has been discussed. 

In your report, make sure to include the following points: 

• What has stopped working? 

• When did it stop working? 

• Has it affected anything else in the property? 

Keep a record of the following: 

• Your written report 

• Any emails or messages sent & received discussing this issue 

• Photos and other important files (a good idea to have a backup copy too!) 

• Relevant dates and timelines such as the date you submitted the report, the date of arranged appointment with the landlord or maintenance team, diagnosis of the problem, estimated time needed for repair etc.

There is no strict timeframe in which your landlord needs to fix the issues, but it should be within a reasonable time for the specific circumstances. If you feel things are taking too long, it's recommended that you seek advice from the SU Advice Team before moving forward. 

If the problem remains unresolved. 

It can be frustrating when the repair is not completed within a reasonable time, or even not at all! This could be a breach in tenancy agreement and legal obligations. Here are a few steps you can take: 

• Write a follow-up email to your landlord and letting agent 
• Reach out to the SU Student Advice Team and seek advice before you take any action. We can advise you on what steps you can take next and guide you through the process. You can contact us by email or book an appointment. 
• Contact a Housing Advisor who might be able to contact your landlord on your behalf. The ULHS Housing Advisors are able to offer support and legal advice in this situation. 
• Contact your local council who may be able to provide advice and enforce action against your landlord.
• When facing disputes on repairs, there are also some tricky situations and actions to be careful of. You should always seek professional advice before taking action.