Housing in poor condition (Private Landlord)

Section 604 (1) of the Housing Act 1985
Landlords Responsibilities
Safety of Gas Appliances
Responsibilities for Damp
Furniture and Furnishing
The Council's Involvement
Work in Default
How to report a problem

If you are renting a house, flat or room from a private landlord, it should:

be free from dampness and condensation.
have proper bathroom and kitchen facilities.
be in generally good repair.
have adequate heating.
have good ventilation and lighting.
have proper means of drainage and water supply.
not be overcrowded.
be constructed so as to ensure your comfort and enjoyment.

If not, the Environmental Health Department can legally require your landlord to provide these facilities.

South Cambridgeshire's Environmental Health Officers work to ensure that homes in the private sector whether owned or rented are fit for human habitation and kept in reasonable repair. Enforcement action may be taken against some landlords who fail to maintain privately rented property in reasonable repair and with adequate facilities.

Your landlord is responsible for maintaining your home up to a reasonable standard of repair.

act Section 604 (1) of the Housing Act 1985 as amended states that a dwelling house must meet the nine criteria below:

a) it is structurally stable;
b) it is free from serious disrepair;
c) it is free from dampness prejudicial to the health of the occupants (if any);
d) it has adequate provision for lighting, heating and ventilation;
e) it has adequate piped supply of wholesome water;
f) there are satisfactory facilities in the dwelling house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
g) it has a suitably located water-closet for the exclusive use of the occupants (if any);
h) it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and
i) it has an effective system for the draining of foul, waste and surface water.

responsibilities

Landlords Responsibilities

The landlord is normally responsible for:

The structure and exterior of the property
The structure and exterior of the building, including the roof, guttering, chimneys, plasterwork, walls, windows and doors.
For ensuring that equipment for supplying utilities is kept in good condition. This includes: pipes supplying gas, electricity or water, flues (e.g. for gas boilers) and ventilation,drains
Gas appliances The landlord is responsible for ensuring any gas appliances (including gas boilers) are safely-installed and working properly. The landlord should be able to produce a gas safety certificate upon request. Appliances should be regularly tested by a qualified Corgi inspector. The landlord is also responsible for the hot water supply. Enforcement of gas safety is the responsibility of the Health and Safety Executive (This link will open in a new window).

gas

Safety of Gas Appliances

All gas appliances must be maintained in good order and an annual safety check must be made by a tradesman who is CORGI approved. (Council of Registered Gas Installers). A record of the safety check must be made available to you within 28 days of each annual check.

damp

Who is responsible for damp?

The landlord is responsible if:

the damp is caused by a structural defect in the property
the property lacks damp proofing
the property is poorly ventilated
there is a hole in the roof

In order to get the landlord to carry out the work, it may be necessary to show that the damp is affecting your health.

The landlord may not be responsible if the damp is caused by condensation due to clothes being dried inside rooms or by an ineffective heating system which may be the responsibility of the tenant. In these circumstances tenants should seek advice to establish who is responsible for repairs.

furniture

Furniture and furnishings

All furniture and furnishings should meet the fire resistance requirements of the Furnishing (Fire Safety) Regulations 1988. These regulations set levels of fire resistance for all new and second hand furniture in let accommodation. If you require further advice contact Trading Standards. (This link will open in a new window)

involvement

The Council's involvement.

If you feel that items in need of repair are damaging your health you should contact your Landlord in the first instance. If your landlord refuses to carry out repairs, contact Environmental Health team (This link will open in a new window). An officer will inspect the problem and, where necessary, notify the landlord of repairs he is responsible for. If the landlord fails to carry out these repairs and the repairs are sufficiently serious the Council can carry out the repair and charge the landlord for costs.

The council can require landlords to carry out repairs, regardless of tenure and ownership. This usually involves informal consultation with the property owner on repairs needed. If an agreement cannot be reached, or the agreement is not kept, a formal notice will be served requesting the repairs to be done within a specified period of time. Ignoring the formal notice can result in prosecution (with a maximum penalty of £5,000) and/or the council doing the work 'in default'.

default

Carrying out work in default

In some circumstances the council can carry out works that it has requested others to do. This is called works in default, and it is sometimes the quickest and most satisfactory way of making necessary repairs.

In these cases the council will pay the bill but then recover the costs, including staff time in carrying out the works. The exact procedure varies, but in most cases the debt is registered as a charge at the Local Land Registry. This gives the council powers similar to those of a building society or bank: the debt incurs interest and if it remains unpaid the council can sell the property.

report

How to report a problem

Explain the problems to the Environmental Health team (This link will open in a new window).