Disrepair

A landlord has an obligation to carry out repairs to maintain the exterior and structure when letting out residential property. The landlord cannot contract out of this obligation.

The tenant is usually responsible for the internal decoration, although this will depend upon the terms of the tenancy agreement.

There are a number of remedies open to a tenant whose landlord has failed to carry out his repairing obligations. The remedy applicable to a tenant may depend to a large extent on the type of tenancy he or she has.

Although the obligation to repair in short leases, is usually on the landlord, the tenant, in a fixed term lease for over 7 but less than 21 years sometimes has certain obligations to repair and maintain the premises. Where the tenant has an obligation to repair, the landlord will be able to seek remedies if there is a breach.

Also, if a tenant is in breach of his duty then the landlord will not be responsible for any repairs resulting from the tenant’s breach.

At Chris Alexander Solicitors, we can advise and assist in relation to your obligations and if necessary, appoint appropriate experts, so that proceedings can be avoided. Should your matter not be resolved, we can assist with making an application to court to obtain an order requiring the landlord to do the repairs and for damages.

Chris Alexander Solicitors offers Legal Aid to eligible individuals in relation to housing matters.

Legal aid can help meet the costs of legal advice and representation in a court or tribunal. You will need to show that:

  • your case is eligible for legal aid 
  • the problem is serious 
  • you cannot afford to pay for legal costs

You could for example get legal aid if .

  • you or your family are at risk of abuse or serious harm, for example domestic violence or forced marriage  
  • you are at risk of homelessness or losing your home

For further advice and information and on funding your matter, contact us on 02085944469 or email address info@chrisalexsolicitors.com.