What to do if you're a tenant and your landlord won't make repairs

There are a number of problems faced by tenants - but there are things you can do to resolve them

While the majority of landlords adhere to regulations, there are always a few who don't. If you find yourself in such a situation, knowing your rights can help you resolve issues more swiftly.

From understanding who is responsible for repairs to ensuring your deposit is secure and returned at the end of your tenancy, it's crucial to be aware of your rights as a tenant. Our colleagues at the Manchester Evening News have compiled a list of common problems faced by tenants and how best to address them.

Repairs - Is your boiler malfunctioning?

It's your landlord's duty to repair it... But what if they refuse?

Your landlord is accountable for most repairs in your home, whether they're a private, council or housing association landlord. Nick Denton, a housing advisor from the Citizens Advice Bureau, stated: "A landlord's responsibilities include the structure and exterior of the building, sinks, baths, toilets, pipes and drains, heating and hot water, chimneys and ventilation, gas appliances and electrical wiring."

He added that "A tenant is unlikely to be responsible for minor repairs, for example changing fuses and light bulbs. Equally a landlord is unlikely to be responsible for decorations or gardens and fencing."

So, how do you handle a repair when your landlord won't fix it?

One renter, Kelly, 34, who has been renting for six years now and has a private landlord living abroad.

Upon discovering severe damp and black mould in her bathroom, she attempted to reach her landlord due to health concerns. She recounts, "He told me to scrub it off and put the phone down."

Despite cleaning efforts, "It wouldn't come off the walls, and the black mould was getting worse due to the fact we didn't have double glazed windows.

After continuous attempts to resolve the issue with their landlord proved futile, they self-financed the repairs, explaining, "It wouldn't come off the walls, and the black mould was getting worse due to the fact we didn't have double glazed windows. After weeks of trying to get our landlord to sort the problem, we had to pay for it ourselves as it was a waste of time trying to get a reasonable answer from him."

Nick Denton advised, "If there is a problem with damp, your landlord could be responsible but not always, as it depends on what type of damp it is and what caused it. Regardless of this - they shouldn't ignore you."

He also recommended checking tenancy agreements, which might indicate the landlord's responsibility for certain repairs beyond legal obligations: "If you are unsure whether your landlord is responsible, check your tenancy agreement, as it could state that your landlord is responsible for repairs over and above the legal minimum."

For those who engage with letting agents, communication can be more straightforward: "If, unlike Kelly, you are renting through a letting agent then your contact is with the agent rather than directly with the landlord. Many agents have their own maintenance company or contacts so this can speed up any repairs or maintenance requests. Lack of communicationRegardless of best practice, some tenants still struggle to get a response from their landlords.Kristen, 25, has been repeatedly ignored by his letting agency."

Kristen, 25, however, has encountered a similar lack of response from his letting agency, despite the benefits a middleman should provide.

"We had problems with our letting agency from the moment we moved into our apartment. On the day of the move, we stumbled upon numerous problems - from finding hundreds of toe nail clippings on the floor to broken furniture.

"We called and emailed the property management team several times, constantly being ignored. It made the experience of moving a complete nightmare."

Victoria Green from Citizens Advice deals with this issue frequently. She said: "If your landlord refuses to help, you may have the right to take it further.

"If they ignore your attempt to report an issue you should put your complaint in writing and keep a copy of the letter or email."

"If they STILL ignore your complaint then you may be able to take legal action to obtain an order forcing your landlord to complete repairs and in certain cases - to pay compensation.

"Legal Aid is available in certain cases. Otherwise you might be able to instruct a solicitor on a 'no win, no fee arrangement'."

"If you have household insurance you should check your policy to see whether it covers legal expenses."

Moving out

When you move into a rented property, you should by law sign a tenancy agreement.

This should say how much notice you need to give your landlord before you leave the property. You can move out early without paying rent for the full tenancy if there is a break clause in your tenancy agreement or your landlord agrees to end the tenancy early.

You can also leave if your tenancy is up after giving your notice - whether it is fixed-term or not. Whether you can move out early or not really depends on the landlord.

You can ask the question but most landlords will not want to lose a tenant and thus their rental income. Standard practice is for the tenant to pay a re-letting fee, this covers the cost of remarketing the property, and the tenant will be contractually responsible for the rental payments up until a new tenant is found and signs their tenancy agreement.

Ending a joint tenancy

You're a joint tenant if there's more than one tenant named in the tenancy agreement. You can only end a fixed term tenancy early if all the joint tenants decide to use a break clause and give the required notice or get the landlord's agreement to surrender the tenancy.

Simon, 34, was in a joint tenancy agreement with his long-term girlfriend - when they split up - his girlfriend wanted her name removed. He said: "When we broke up she wanted her name removing from the tenancy agreement, and I was worried I wouldn't be able to start a new agreement on my own due to having bad credit."

Victoria Green said: "It's usually best to explain the situation to your landlord or housing association and ask them to update the tenancy agreement."

"If you don't, you're both still responsible for rent and the person who leaves can still give notice to end the tenancy."

"If you plan to apply for social housing, your application might also be rejected if you're still named on another tenancy agreement."

"You can apply for a 'transfer of tenancy' if your landlord refuses to change your contract - this is a court order that can change your ex-partner's tenancy to your name, or remove their name from a joint tenancy."

If your landlord or letting agency have informed you about an impending rent increase, they may not be legally permitted to charge you more. As per the local GOV website, landlords cannot usually raise the rent more than once a year without your consent for a rolling tenancy, and only with your agreement for a fixed-term tenancy.

If you don't agree, when the fixed term ends your landlord can use a 'Landlord's notice proposing a new rent' form to increase the amount you pay. They must provide at least one month's notice - or six months if you have an annual tenancy agreement.

However, some landlords believe it's worth making a financial sacrifice for a good tenant.

What happens if your landlord won't return your security deposit?

Typically, you'll be asked to pay a security deposit when you move into your new home. This is often equivalent to a month's rent, but it can be more.

The deposit is returned at the end of the tenancy agreement - however, many tenants struggle to get the full amount back. Sarah, 25, used a letting agent and had difficulty getting her full deposit back after moving out of the flat.

"I had the apartment professionally cleaned and there was no damage whatsoever. I left a bin bag outside the front door as the bins were full - and because of this the agents refused to return my full deposit."

"They deducted £100 for this and another £150 because the apartment 'wasn't clean enough'."

"I was furious" she added, "It wasn't until I left a scathing review on Facebook that they emailed me saying they would give me the money back if I took the review down."

The Citizens Advice team said: "The action you take against your landlord will depend on whether your deposit is protected in a tenancy deposit scheme - most deposits should be."

"You can use your scheme's 'alternative dispute resolution' service to help you get your deposit back."

When you move in or out of a property, take your own photographs as evidence. When you move into a property you should be given an inventory and schedule of condition – and it's really important that you read it before you sign.

At the end of your tenancy, find your inventory and check you are leaving the property as you found it. Any deduction the landlord wishes to make needs to be made clear to you in writing with a clear reason and a copy of any quotes.

If you do need help with a landlord - the Citizens Advice Bureau offer free advice and legal aid. If your letting agent doesn't respond to your written complaint within eight weeks or they don't solve your problem, you can also complain to their independent complaints body.

Your letting agent must be a member of either The Property Ombudsman, Ombudsman Services or the Property Redress Scheme - and you can request their details. Another possible resolution to a tenancy dispute is to take your landlord to small claims court - but this can be costly and stressful - so you'll need to weigh up if it's worth your time.