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Craven District Council

Disrepair

How to complain about disrepair and what the Council can do to help.

Responsibility for repairs

Your landlord is responsible for most major repairs to your home. This includes:

  • the structure of the property, for example walls, roof, windows and doors
  • sinks, baths, toilets
  • pipes and wiring
  • heating and hot water, for example the boiler
  • the safety of gas and electrical appliances


You’ll be responsible for minor repairs, for example changing fuses and light bulbs. You’ll also have to fix anything you’ve damaged.

If your home is damp, your landlord might not be responsible. It depends on what type of damp it is - and what caused it. Download our leaflet at the bottom of this page for detailed advice about damp and condensation.

The Council does have powers to deal with disrepair but there is a procedure that must be followed and limits on what we can make landlords do.  

Write to your landlord

The Council cannot get involved in cases of disrepair unless you have given the landlord an opportunity to sort out the problem. Write to your landlord as soon as you notice a problem. They are not responsible until  they know about it.

If a letting agent manages the property for your landlord, write to them and they should talk to your landlord. The letting agent will be responsible for making sure your landlord does the repairs.

If your landlord's responsible for the repairs, they should do them in a ‘reasonable’ amount of time. What counts as reasonable depends on the problem. For example, a broken boiler should be fixed sooner than a leaky tap.

Do I have to let the landlord come in?

Yes. You must allow the landlord or her/his agent access to see what repairs are needed and to carry out the work. The landlord should give you reasonable notice (usually at least 24 hours), except in an emergency.

Although your landlord should arrange the repairs, you may have to let in the contractor. If your landlord wants to carry out improvements which are separate from repairs, you do not have to agree to this unless specifically stated in your tenancy agreement, so the landlord will need your permission.

Getting evidence

You should get evidence of the problem, for example:

  • photos of the damage, particularly if the problem gets worse over time
  • any letters, texts, emails or notes of any conversations between you and your landlord or letting agent
  • receipts if you’ve had to replace damaged items
  • letters from your GP if the problem has made you ill
  • a copy of your tenancy agreement

Keep any evidence you've got - you might need it later if you have to take further action to get repairs done.

Withholding Rent

Even where there is disrepair, you do not have the right to stop paying the rent. If you do, the landlord might try to evict you because you have rent arrears. The exception is where you have paid for the works yourself, but only when you have followed the correct legal procedure. Get advice from SHELTER or Citizens Advice

If you do stop paying rent, keep the rent money in a separate bank account so you can pay off the arrears immediately if you have to.

What help can the Council give?

The council can help you by assessing hazards to health and safety in your home, and making the owners deal with unacceptable risks. The council uses the Housing Health and Safety Rating System (HHSRS), which allows the council’s environmental health officers (EHOs) to inspect housing conditions and deal with hazards.

HHSRS applies to every type of home whoever your landlord is, and whether you are a tenant or licensee. It deals with hazards caused by disrepair and other things such as cold, noise, pests, overcrowding, and accidents. Any hazard found in your home will be scored according to how serious the health risks of that hazard are. All homes contain certain hazards such as electricity or stairs, so it is not possible to remove every hazard.

What will the council do after the inspection?

The environmental health officer (EHO) must decide if further action is necessary. They can do one of the following:

  • have an informal discussion with the landlord, pointing out what
    needs to be done. This may happen in less serious cases, or where the landlord is likely to take action, for example where it is a housing association.
  • serve a formal notice on the landlord:

  1. Hazard Awareness Notice – advising the landlord of the hazard, but leaving it to the landlord to decide what to do.
  2. Improvement Notice – making the landlord carry out works by a certain time.
  3. Prohibition Order – which stops a certain use of the property (eg storing inflammable materials), or any use of part or all of it until works are done (eg closing a hostel).
  4. Emergency notices – stating that the council will take emergency action at the landlord’s cost. There may be an Emergency Prohibition Order until the action has been taken.

A landlord can appeal against an improvement notice or prohibition order. There is no restriction on the grounds of appeal but the main grounds for appeal are likely to be that :

  • The deficiency referred to in the notice does not amount to a hazard;
  • Someone else is responsible for carrying out work at the property and the notice should be served on that person; and/or
  • The works required in the notice are unreasonable/excessive etc. and alternative works should be considered

What happens if the landlord doesn’t carry out the required work?

The council can prosecute the landlord, and/or carry out the work itself and charge costs to the landlord. You could also take your landlord to court.