The discovery of black mould spreading across bedroom walls is distressing for anyone, but for tenants in rented accommodation, it adds an extra layer of anxiety. Complaining about disrepair in a rented house can often lead to a retaliatory action known as a “revenge eviction,” leaving many private renters in England living in substandard conditions.
Startling statistics reveal that nearly a quarter of private renters reside in homes that fail to meet the government’s Decent Home Standard. This amounts to approximately 1 million rented properties that contain dangerous hazards, lack suitable heating, or are not in a reasonable state of repair.
Recent data suggests that about 14% of privately rented properties contain a “category 1” hazard under this standard, posing immediate risks to health and safety. From faulty wiring to damp and mould, these hazards can have a profound impact on tenants’ well-being and may even lead to tragic consequences.
While renting a property offers flexibility, it also exposes tenants to inherent vulnerabilities. In England, tenants often have short-term tenancy agreements, lasting between six months and a year, which can be easily terminated by the landlord through a section 21 notice.
During a “no fault” eviction, landlords can give renters a two-month notice to vacate the property without providing any reason. Consequently, tenants may hesitate to assert their rights, fearing the repercussions of speaking up about disrepair issues.
However, renters in England do possess rights when it comes to repairs and ensuring that their rented homes are habitable. Landlords are subject to over 150 laws and regulations designed to safeguard tenants’ well-being, encompassing fire safety measures, electrical and gas safety checks, and more.
These regulations cover a wide range of areas, including health and safety standards, maintenance requirements, and provisions for repairs. The Landlord and Tenant Act 1985, for instance, mandates landlords to maintain their properties in a reasonable state of repair, addressing issues such as structural damage, plumbing and heating problems, and electrical faults.
Taking prompt action is crucial for tenants who encounter problems like mouldy walls or faulty plumbing. Informing the landlord or letting agent immediately after noticing an issue is essential. It is advisable to document the problem through photographs and provide a clear written description. This documentation serves as evidence and creates a record of communication, which is vital if the situation escalates.
Once the problem has been reported, the landlord or letting agent is required to address it within a reasonable time frame. Although the law does not specify an exact period, urgent repairs, such as addressing mould or heating problems, should ideally be resolved promptly. For less pressing issues, the time frame may vary depending on the complexity of the repair.
Unfortunately, not all landlords promptly respond to repair requests or adequately address them. In such cases, tenants do have options. One option is to report the issue to the local authority, which possesses the power to inspect the property using the housing health and safety rating system. They can identify health hazards, serve notices to the landlord, and even take legal action if necessary.
Research indicates that tenants who complain about disrepair are more likely to face section 21 eviction notices—a disconcerting practice known as “revenge evictions.” However, challenging the validity of a section 21 notice may be possible in certain cases. Renters can be shielded from revenge evictions if the local authority takes formal enforcement action against the landlord. This involves serving an improvement notice to address the disrepair and can protect tenants from eviction for up to six months.
It is important to note that responses from local authorities may vary. Some authorities prefer an informal approach, such as making verbal requests, before resorting to formal action, leaving tenants vulnerable to eviction.
As a last resort, the Homes (Fitness for Human Habitation) Act 2018 provides tenants with a legal route to take their landlords to court if the property is unfit to live in. In dire cases, seeking guidance from legal advisers and housing charities becomes crucial. Organizations like Shelter and Citizens Advice can provide support and advice on the best course of action to take.
The government has pledged to address the issue of poor-quality properties. The recently introduced renters (reform) bill aims to end section 21 evictions in England and empower renters to assert their rights. However, the proposed legislation contains certain loopholes, such as increasing landlords’ powers to evict tenants for antisocial behavior, which may still deter renters from reporting disrepair.
In today’s rental sector, where landlords hold significant powers over tenants, it is crucial to remember that tenants have rights. The next time you find yourself in rented accommodation of less than decent quality, document the issue, inform your landlord, and if necessary, seek advice and contact your local authority.
