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Advice to Landlords and Tenants on Repairs to Rented Property in Forest Heath

 
The Housing Act 2004 introduces some radical reforms to housing which will affect both owners and occupiers of privately rented accommodation.

Housing Health and Safety Rating System (HHSRS) replaces the fitness standard for housing introduced in 1985 Housing Act. It is a new risk based system for deciding whether a house is healthy and safe. It now specifies 29 different hazards to be assessed and the likelihood of injury or ill health from each is calculated. Local authority enforcement powers will cover matters that previously could not be dealt with such as the risk of falls and tripping. The categories of hazards are:
  • Damp/Mould Growth (2)
  • Excess heat/cold (2)
  • Asbestos
  • Biocides
  • Carbon Monoxide
  • Lead
  • Radiation
  • Uncombusted fuel gas
  • VOC's
  • Crowding & Space
  • Intruders
  • Lighting
  • Noise
  • Hygiene (2)
  • Food Safety
  • Water Supply
  • Falls (4)
  • Electrical
  • Fire
  • Hot Surfaces
  • Entrapment
  • Explosions
  • Ergonomics
  • Structural

The landlord is not generally responsible for repairs arising from damage caused by a tenant.

The first thing to do is to inform your landlord or letting agent. Explain as clearly and simply as possible what the problem is and try to get some idea of when and how the problem will be dealt with.

If it is necessary for people to have access to the house or flat in order to carry out the repair, try to make clear arrangements of how access is to be made. A tenant has to allow reasonable access and a landlord should give reasonable notice of when access is required (unless the works are so urgent that immediate access is necessary).

If the works are very urgent, for example serious water leaks, loss of electrical supply, hot water and central heating breakdowns, the landlord should try to respond on the day the complaint is made. It is not always possible to fix even urgent things on the same day, but, if the landlord appears to be taking the problem seriously and is trying to solve the problem, the landlord should be given a reasonable opportunity to get things done.

For more routine maintenance problems it may be reasonable to allow a period of weeks for the landlord to organise repairs.

Telephone the gas board straight away and take their advice. Do not wait to contact the landlord first if you think there is a gas leak or urgent gas safety issue.

Contact our Environmental Services Private Sector Housing Team 01638 719284. We may be able to help get the landlord to carry out repairs. Give your name, address and telephone number and a brief description of the repair problem. If the line is busy you will be asked to leave your details on an answerphone. You may wish to call personally to the office to make a complaint. Please note that it is not usually possible to call out to see your property the day a complaint is made. Although your complaint will normally be acknowledged within five days, it may take considerably longer than five days to visit depending on the urgency of the matter and current workload of the department.

Generally, withholding rent tends to make problems worse. You may end up being evicted for non-payment of rent. You are advised not to withhold rent, but if you feel that you must, please seek professional advice before doing so. It is recommended that you speak to a solicitor or a professional housing adviser first.

Gas Safety (Installation and Use) Regulations 1994. By law, landlords are responsible in certain circumstances for making sure that the gas installation and appliances are maintained in good order and checked for safety at least every 12 months. A record of checks must be kept and a copy must be given to tenants. Only CORGI registered engineers can carry out work on gas installations and appliances.

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993). These regulations place obligations on landlords to ensure that any furniture and furnishings supplied meet the fire resistance requirements as laid down in the regulations.

If you live in a bedsit or shared accommodation, this service will also try to help if there are problems with fire safety, bad management, overcrowding and shortage of adequate cooking, washing and toilet facilities.


The following guide has been produced for landlords and agents by the Asset and Skills Council - Landlord Guide

For more information please contact the Environmental Services at:

Forest Heath District Council

District Offices

College Heath Road

Mildenhall

Suffolk

IP28 7EY

Telephone 01638 719733

Email es@forest-heath.gov.uk

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Forest Heath District Council District Offices, College Heath Road, Mildenhall. Suffolk IP28 7EY Tel: +44(0)1638 719000