Disrepair and the repairing obligation
In most tenancies the landlord is responsible for the structure and exterior of the property and for keeping the installations for water, gas, electricity, sanitation, space heating and hot water in working order. That obligation cannot be contracted out of in a standard residential tenancy.
A landlord is generally only on notice of a defect once they have been told about it, which is precisely why written reports matter. A dated letter starts the clock in a way that a phone call does not.
What a disrepair letter should contain
- The defect, room by room, with the date you first reported it
- Every previous report, including calls, with dates
- The effect on your use of the property and on your health where relevant
- A reasonable period for the work to be done
- Notice that you will keep a record if it is not
Deposits and the protection rules
A deposit taken on an assured shorthold tenancy in England or Wales must be protected in an authorised scheme, and the prescribed information given to you, normally within 30 days of it being paid. Where a deposit was never protected, the position at the end of the tenancy changes significantly, and it is worth establishing the facts before any deductions are argued about.
Where a deposit was protected, disputes over deductions are handled by the scheme's free adjudication service, which decides on the evidence submitted. Photographs, the inventory and the check out report usually decide it.
What we prepare
We draft the letter to the landlord or agent, and the evidenced submission to the deposit scheme where a deduction is disputed. Equisure Direct prepares documents and is not a law firm. We do not provide legal advice or representation and we cannot guarantee an outcome.