Repairs and property condition

Property condition complaints can be about: 

• repairs inside the home
• the condition of the property at the start of the tenancy or commencement of the lease, for example a new build 
• the condition, maintenance and decoration of common parts or common areas 
• repairs in other properties which affect a different resident’s enjoyment of their home, like leaks between properties 
• leaks, damp and mould 
• defects in drainage  
• lack of heating and hot water 

The Housing Ombudsman can consider a complaint about repairs and property condition from direct tenants or leaseholders of: 

• councils 
• housing associations 
• housing trusts 
• co-operatives  

We can also consider complaints from: 

• someone who was a tenant in a property with a member of our scheme but has since left the property - the complaint must be about what happened when you lived at the property
• someone who has applied to be a tenant - this could include someone who has succeeded in the property and is complaining about property condition 
• someone who is acting on behalf of the resident 
• someone who is acting on behalf of a deceased tenant’s estate 

Who can use the Housing Ombudsman Service

Who is responsible for repairs in a property depends on the type of agreement you have with your landlord and whether your landlord also has a head landlord.  

Tenants

If you have a tenancy agreement, the tenancy will usually place an obligation on the landlord to complete repairs to: 

• the structure and exterior of the property, including the walls, stairs, the roof, windows and window frames  
• gas and water pipes  
• the sewage pipes and gutters  
• the central heating systems.  
• sinks, baths and toilets – but not toilet seats unless they are adapted 

When a resident reports a repair to their landlord, the Ombudsman expects the landlord to: 

• consider the report and decide if the repair is an emergency or urgent and whether some immediate action should be taken 
• inspect and determine if it is responsible to complete the repair - if it is, the landlord should complete any necessary temporary repairs, such as isolating the water where there is a leak
• explain when it will complete any outstanding repairs  
• decide if it is safe for a resident to stay in their home 
• give reasonable notice of repair appointments 

Landlords must complete a full, effective and lasting repair within a reasonable time from the date it was reported.  

Residents should allow landlords access to the property to complete repairs. If you do not allow access to your landlord, it may be entitled to seek an injunction from the court.  

A repair can be reported via the landlord’s website or online portal/app (if it has one), by email or call to the repair team, or by letting your Housing Officer know. 

Landlords will usually have a repairs policy published on its website which should include information on how to report a repair and response times.  

When a resident signs a tenancy, it will usually state that you agree to take the property as they find it. However, landlords have ‘void standards’ which set out the minimum lettable standards of a property.   

Fitness for human habitation 

Under Section 9A of the Landlord and Tenant Act 1985, landlords must ensure that properties are fit for human habitation at the start of a tenancy and throughout.  

Damp and mould 

There is evidence that mould can affect health. The Housing Ombudsman expects landlords to take a zero-tolerance approach to mould. 

Leaseholders or shared owners should check the terms of their lease to see which repairs you and your landlord are responsible for. The usual approach is that leaseholders are responsible for the walls, floor, pipes and central heating inside the property. The landlord is usually responsible for the structure, foundations and common parts. Even where it completes the work it is responsible for; it may be able to claim the cost back from leaseholders via a service charge. 

New build leasehold/shared ownership homes 

Where the property is a new build, there will usually be a ‘defects’ period of up to 24 months. There is a difference between: 

• the property not meeting the cosmetic specification 
• snagging 
• a defect 
• disrepair 

Residents should check how long their defect period lasts and report all defects, snagging and other issues to the landlord and developer as soon as possible. Where there is a disagreement in the first two years – the warranty provider (if there is one) may be able to offer a dispute resolution process.  

Residents may be able to complain to the New Homes Ombudsman about the developer if it is a member of that scheme. Residents can complain to the Housing Ombudsman about their landlord’s actions or inactions.

The New Homes Ombudsman 

If there is a warranty, the warranty provider will only usually offer indemnity 2 years after the completion of the build. If a leaseholder or shareholder is not satisfied with the decision of a warranty provider, they may have recourse to complain to the Financial Ombudsman Service. 

Your landlord will have a policy for treating and responding to a pest infestation in your home. Whether your landlord is responsible for treating the pest infestation may depend on factors such as where the infestation is coming from or the cause of the infestation.  

In the first instance, report the matter to your landlord and check the information on your landlord’s website. You can get further guidance from your local authority’s environmental health department, which also has obligations to deal with pests. 

Let your landlord know as soon as possible if you see signs of an infestation in your home.    

If you need adaptations to make it easier to live or move around your home with a disability, you may have certain rights under the law. Aids and adaptations include hand/grabrails or wheelchair access. 

In the first instance, speak to your landlord to find out its policy on funding and carrying out adaptations. You can contact your local authority's occupational health department, which must assess people with disabilities for a range of adaptations to their homes.   

The Housing Ombudsman cannot consider a complaint about the Occupational Therapist assessment provided by a local authority.

This would be for the Local Government and Social Care Ombudsman.  

If you are not satisfied with how your landlord has responded to your reports of repairs, make a formal complaint to your landlord. This could be because:   

• the landlord has taken too long to complete the repairs   
• the repair is poor quality    
• the landlord’s contractors acted inappropriately   
• the landlord has not followed the tenancy agreement or its repair policy 

When raising a complaint, it would be best if you listed the outstanding repairs. A good way to do this is as follows: 

Find out how to complain to your landlord