Dealing with a landlord who refuses to make necessary repairs can be frustrating and challenging. The good news is that these situations can be resolved if you approach this correctly and use the advice below.
After all, you’ve got to protect your rights as a tenant and ensure your home is safe and habitable, right?
This article will give you practical advice on what to do if your landlord fails to perform property maintenance. This includes keeping records and evidence and filing complaints with the letting agent.
You will also learn other useful means, such as contacting the council’s private renting team and the tenants’ rights organisation, when to withhold rent or escrow funds, etc.
Read on to better understand your rights and learn how to handle different issues.
Landlord Responsibilities
While tenants are responsible for maintaining the property and performing end-of-tenancy cleaning before moving out, it’s also crucial to understand your landlord’s responsibilities. In most jurisdictions, they are legally obligated to maintain the property safely and habitable.
This includes ensuring that essential services, such as plumbing, heating, and electrical systems, are properly working. Landlords are also responsible for addressing structural issues, pest infestations, and other necessary repairs.
What to Do If Your Landlord Doesn’t Perform Repairs
There are various ways to approach the situation.
Here are some of the best ones:
Keep Records and Evidence
Documentation becomes your strongest ally when facing a landlord who neglects their property maintenance responsibilities. Keep detailed records of your communication with them about the repair issue. It goes without saying that all that should be in writing, not verbal form.
This includes dates, times, and the content of conversations. Additionally, take photographs or videos of the problem areas to provide visual evidence of the disrepair. If you perform the repairs yourself, those are unexpected expenses you will likely want to be deducted from your next month’s rent. So, keeping documentation in order will be invaluable if you must solve this matter in court.
File a Complaint with the Letting Agent
If your landlord is unresponsive or unwilling to make repairs, consider contacting the letting agent if one is involved.
They often act as intermediaries between both parties and may have more leverage to address the issue. Explain the situation clearly and provide evidence of the disrepair. Then you can request their intervention to ensure your landlord fulfills their responsibilities.
Contact the Council’s Private Renting Team
In many areas, local councils have private renting teams that can assist tenants in resolving disputes with landlords.
Contact the council and explain your situation, providing them with all relevant documentation. They can offer advice, mediate between you and your landlord, and take further action. These might be issuing enforcement notices or conducting property inspections.
Consult a Tenants’ Rights Organisation
Tenants’ rights organisations (TRO) are invaluable resources that provide legal advice, support, and advocacy for tenants facing housing issues. They can help you navigate landlord-tenant law’s complexities and guide you on your rights.
The TRO can also offer help in dealing with uncooperative landlords. Contact a reputable tenant rights organisation in your area for guidance and support.
Withhold Rent or Escrow Funds
You have the right, in some cases, to withhold rent or place the rent into an escrow account if your landlord fails to make necessary repairs.
However, you can only do this in specific circumstances and only pursue it after consulting with an attorney or tenants’ rights organisation. Following the proper legal procedures is crucial to avoid any potential unwanted repercussions.
Explore Alternative Dispute Resolution Methods
In some cases, alternative dispute resolution methods, such as mediation or arbitration, can effectively resolve conflicts between tenants and landlords. These methods provide a neutral third party who can help ease a resolution without the need for litigation.
Consider exploring these options as a less formal and more cost-effective alternative.
Consider Legal Actions
If all attempts to resolve the issue fail, you may need to consider legal action as a last resort.
Consult with an attorney who specialises in landlord-tenant law to check your options. After that, determine the best course of action.
They can guide you through the legal process, including sending formal demand letters, filing a lawsuit, or seeking a court order to compel the landlord to make the necessary repairs.
What to Do If You Have to Perform Repairs Yourself
In some cases, you may decide to undertake repairs yourself to address urgent issues, such as a boiler breakdown, that pose a risk to your health and safety. It’s essential to proceed with caution and follow local laws and regulations. Before that, however, notify your landlord in writing about the problem.
Also, mention your intention to do the repairs and the costs involved. Keep all receipts and records of the repairs and deduct the expenses from your rent, if permitted by law.
Moving Out as a Last Resort
Finding a new place to live may be the only viable solution if your current home becomes uninhabitable and your landlord continues to neglect their property repairs and maintenance obligations.
Before taking this step, consult an attorney to understand your rights and obligations at the end of the tenancy. Write a notice to your landlord of your intention to move out due to unresolved repairs. Also, consider seeking legal advice to protect your deposit.
Conclusion
Dealing with a landlord who refuses to make repairs can be every tenant’s worst nightmare. However, taking action to protect your rights as a tenant is simply a must in these situations.
We hope that now you better understand the options available to you, especially what not to do. Both are crucial, so you protect yourself and don’t escalate the situation unnecessarily.
One last thing–it’s essential to familiarise yourself with local laws and seek legal aid so that you can choose the best course of action. That will maximise your chances of successfully resolving the situation and help avoid long legal disputes, which will cost money and your peace of mind.
Whichever course of action you choose, we wish you a speedy resolution to your problem and the best of luck!
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