Getting your landlord to do repairs

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

This page explains what you need to do if your private rented accommodation needs repairs to be done. It explains how you can get your landlord to accept responsibility for repairs and carry them out properly, and outlines steps you can take if they refuse.

Reporting the problem to your landlord

The first thing you should do is report the problem to your landlord. Even if the repair is minor and you're not that bothered about getting it fixed, you should always let your landlord know about it.

If the repair needs to be done urgently (for example, if the heating breaks down during winter or there is a problem with a gas appliance) you'll probably want to phone your landlord to ensure the work is carried out as quickly as possible. However, it's best to report the repair in writing as well. You can download a sample letter here.

Ask your landlord to tell you what will be done about the problem and when the repairs will be carried out. In particular, make sure you let your landlord know if the problem is affecting your health (for example, if you have asthma, this may be aggravated by dampness). If possible, enclose a doctor's note as well.

The letter should be dated and you should keep a copy in case you need it later. You may wish to send the letter by recorded delivery and attach the recorded delivery certificate to the copy of your letter. This evidence will be helpful if you needed to take action later to force your landlord to carry out the repairs.

How long should my landlord take to do the repairs?

If your landlord is responsible for the repairs, they should be carried out within a reasonable time. There are no fixed time limits that repairs should be done by. The length of time that the law would consider reasonable depends on the type of repairs needed. Certain repairs (such as a blocked drain or a problem with the gas) should be carried out urgently.

What if my landlord doesn't do the repairs?

Most landlords do carry out repairs once they know about them. However, if your landlord still doesn't do the repairs after a reasonable period of time, there are several things you can do.

Before deciding whether to take action against your landlord, you need to think about:

• how easily you can be evicted
• how serious the problem is
• whether you want to stay in the property.

Can my landlord evict me?

Some landlords may prefer to try to evict tenants rather than do repairs. Whether your landlord can evict you easily or not depends on the type of tenancy you have. Some private tenants can be evicted fairly easily. For example, if your landlord has the right to evict you without a reason, you may need to think carefully about what to do. This is the case for people who share accommodation with their landlord and short assured tenants nearing the end of their leases.

There is also a risk that your landlord may attempt to illegally evict or harass you if you try to force them to carry out repairs. A common form of harassment by landlords is to start repairs and leave them unfinished. Harassment and illegal eviction are criminal offences. If you think your landlord is guilty of harassment or illegal eviction, get advice.

Check with an adviser at a housing aid centre or Citizens Advice Bureau if you're not sure about your situation. They should be able to tell you how easily you can be evicted, and whether it's worth taking further action to get the repairs carried out.

If you are able to apply to the private rented housing panel (see 'can I force my landlord to carry out repairs' below), the panel can't stop your landlord from evicting you using the correct procedures. However, your landlord won't be able to re-let the property without the permission of the panel, so this should put them off evicting you.

How serious are the repairs?

You may have problems if your landlord thinks that the work you want done is an improvement rather than a repair. In general, if something in the property breaks or no longer works properly and needs replaced by a modern equivalent, this is a repair. However, the provision of something new for the benefit of the tenant is an improvement. So, for example, if your shower breaks and you need a new one, this would be a repair; if the property didn't have a shower when you moved in but you decide you'd now like one, this would be an improvement.

If the problems with your accommodation are relatively minor or can be seen to be improvements rather than repairs, you may decide that it is not worth taking further action. This may be your best option if your landlord is not cooperating and you can live with the problem.

Can I force my landlord to carry out repairs?

If you are reasonably secure in your tenancy and don't want to move out, you may be able to force your landlord to carry out the repairs.  Write to your landlord again to warn them that you will be taking further steps -  you can download a sample letter here.

There are several courses of action open to you, and the most appropriate course of action will depend on your individual circumstances, what repairs are needed and the type of tenancy you have. If you're not sure which option to take, talk to an adviser at a housing aid centre or Citizens Advice Bureau.

Applying to the private rented housing panel (PRHP)

If your home needs repairs carried out and your landlord is refusing to cooperate, your best course of action is to apply to the private rented housing panel (PRHP). The panel can order your landlord to carry out repairs make a rent relief order to reduce your rent if they don't. However, not everyone can apply to the PRHP - read the page on applying to the PRHP to find out more.

Withholding rent

If you're unable to apply to the PRHP, you could consider withholding rent until your landlord carries out the repairs. Bear in mind that this can be a risky strategy and you could run the risk of eviction if you don't follow the correct procedures, so you should always talk to an adviser at a housing aid centre or Citizens Advice Bureau before withholding any rent.

Getting help from the council

If you can't apply to the PRHP and the disrepair is urgent and is affecting your health in any way (for example, if your home is damp or infested with pests) you may be able to get help from the council's environmental health department.

Doing the repairs yourself

If the repairs are fairly minor, it may be easier to carry them out yourself and take the cost from your rent. However, you must get your landlord's agreement before doing so.

Taking your landlord to court

As a last resort, you may decide to take court action against your landlord.

What if I live in an HMO?

If you live in a house in multiple occupation (HMO), you will have more rights to repair than a private tenant in non-HMO accommodation. This is because the repairing standard for HMOs is more rigorous than the repairing standard for non-HMO accommodation. For example, the HMO licensing conditions require that:

• rooms must be of a decent size
• the facilities must be adequate for the number of people living in the property
• all electrical appliances must be tested.

If your home doesn't reach these standards, you can complain to the council - read the page on HMOs to find out more about HMO standards and how you can ensure they're enforced. You can also use the routes open to all private tenants, such as complaining to the PRHP (provided you have a tenancy and not an occupancy agreement).

Getting evidence

Before taking any action, you should collect all the evidence you can of the repairs that are needed and what you have done to get your landlord to carry them out. You could:

• take photographs showing the repairs that need to be done.
• keep belongings which have been affected (such as clothes damaged by dampness)
• get an expert (such as the council's environmental health officer) to do an inspection
• keep copies of any letters you send to your landlord
• keep copies of any doctor's notes or hospital reports which show that your health has been damaged by the problem
• keep receipts for any money you need to spend because of the repair problem (for example, if you need to replace clothes or furnishings because of mould).

What if I decide to move out?

If the problems you are having with disrepair in your home are really bad and your landlord is refusing to cooperate, you may want to end your tenancy and look for somewhere else to live. If you still have a few months to go on your lease (for example, if you have a short assured tenancy for six months and have only lived there for two), your landlord may ask you to continue paying rent until your lease is up. However, you shouldn't be liable to pay this because, by refusing to carry out essential repairs, your landlord is breaking a term of your tenancy contract.

You may be able to raise an action in court for breach of contract and damages once you have moved out - an adviser at a Citizens Advice Bureau or a solicitor can tell you more about this.

If the state of the property is so bad that it is damaging your health or the health of anyone else in your family, you can try making a homeless application to the council. If it is no longer reasonable or safe for you to live in your home, the council may consider you to be legally homeless.