Tenant's Action Regarding Disrepair

Torbay Council encourages tenants and landlords to co-operate on matters of mutual concern preferably in a businesslike and friendly manner. It is in the interests of an owner to protect and enhance the value of his property by undertaking routine repairs and planning periodic improvements. It is also in the interests of occupiers to live in dwellings that are in a fair state of repair and are fit for habitation.

Tenants should report items of disrepair, particularly matters that could be hazardous such as rotted floorboards or dangerous wiring to the landlord, or the managing agent, for attention. The owner is then able to check on the disrepair and arrange for a competent contractor to carry out the repairs. If the disrepair, for example, worn woodwork to windows is not immediately dangerous then it may be reasonable for an owner to delay repairs until the better weather or to include such works in a comprehensive maintenance programme. If you feel unable to approach your landlord, or don't know who they are, please contact us direct.

It is advisable when an owner does not respond to a tenants request for repairs to be carried out for him to write to the owner pointing out the urgency of the works and keeping a copy for future reference.

On those occasions where an owner has not responded to a tenant's request to carry out a specific repair or a dwelling has fallen into a state of general neglect the Council may be able to assist. We are empowered to investigate complaints and depending upon the seriousness of the repairs and the effects on the health and safety of the occupiers can require essential repairs to be carried out, or in extreme case can require a building to be demolished.

The aggrieved tenant may approach the Council and we would then investigate his concerns keeping him aware of our opinions and intended actions.

There may also be a term in the contract between the landlord and tenant on their repairing obligations. A failure to honour these commitments may be a breach of contract. Such contractual items are private matters not involving the Council and advice on achieving compliance can be obtained from your solicitor.

Advice can also be obtained from the Citizens Advice Bureau or other voluntary bodies.

For further information and advice on housing disrepair contact Private Sector Housing.