Private tenants (people who live in privately rented accommodation and pay rent to a private landlord), Housing Association tenants and tenants in Multiple Occupation have a right to expect a decent standard of accommodation and landlords are legally obliged to meet certain standards.
Repairs to rented accommodation can either be the responsibility of the landlord or the tenant and are normally stipulated within the tenancy agreement.
Generally, the landlord is responsible for structural repairs, repairs to essential supplies (water, gas, electricity etc.) or any repair where there may be a risk to health and safety.
Tenants are usually responsible for internal decorations and for the upkeep of items installed by themselves. Where a tenant, a member of their family or visitor damages the property the repair would normally be the tenant’s responsibility.
You should contact your landlord first to ask them to carry out repairs. If your landlord is refusing to do the repairs you can contact our Housing and Communities Team by completing our Report disrepair of your property online form.
Our officers will offer advice, carry out inspections of properties and, if necessary, enforce housing legislation against a landlord.
If you are concerned about dangerous conditions or disrepair in your home, or amenities provided such as kitchens, bathrooms and toilets, please complete our Report disrepair of your property online form.
Owner Occupied Accommodation
If you own your own property, we share the Government’s view that the prime responsibility for maintaining and improving housing rests with the owner. There are no longer any grants available for repairs to owner occupied properties. If you are looking for assistance for insulation and making your home more energy efficient, your energy provider can assist you with this.
All landlords have a legal responsibility to maintain their properties and ensure they are let in a good state of repair. The property must be free from all serious health and safety hazards. Where the landlord fails in the duty, officers will inspect the property using the Housing Health and Safety Rating System (HHSRS) and where necessary enforce that the landlord removes the hazard(s) from the property.
The council has a statutory duty to take action to remove Category 1 Hazards as per the Housing Health and Safety Rating System (HHSRS) and conditions that are a statutory nuisance in dwellings. The council must also run a licensing scheme for certain types of high risk houses in multiple occupation (HMO). Various acts of Parliament also give the council discretionary powers to resolve unsatisfactory conditions in houses, HMOs and flats, and to reduce the impact of long term empty properties. The policy summaries how the council will satisfy its legal duties and responsibilities.
The council is fully committed to being fair, independent and objective. In particular, all officers will serve the community equally and fairly, in accordance with our generic Equality Policy.
The council is a public authority for the Human Rights Act 1998 and will apply the principles of the European Convention on Human Rights under the Act.
Informal action may include:
- Offering advice
- Verbal warning and requests for action
- Written correspondence
- The removal of the landlord from an accreditation scheme
Formal action may include:
- Action under the provisions of Part 1 of the Housing Act 2004 to:
- Serve an improvement notice under section 11
- Serve a suspended improvement notice under section 14
- Make a prohibition order under section 20
- Formal caution
- A civil penalty of up to £30,000 for certain offences
The council reserves the right, in appropriate circumstances, to charge and recover its reasonable costs in taking the most appropriate course of action, as allowed under Sections 49 and 50 of the Housing Act 2004. For more information on fees and charges, please see our Corporate Enforcement Policy. [pdf / 556Kb]
West Lindsey District Council
Guildhall, Marshall's Yard