Five actions to take when a tenant reports a problem at the rental property
As a landlord, getting a report of a problem from your tenant can be worrying, and you'll probably want to fix it right away. Handling problems quickly not only maintains a good landlord-tenant relationship but also helps keep your property safe. It also ensures that you are on the right side legally should the problem result in a deposit dispute.
Here, Sandy Bastin, Director of Resolution at the Tenancy Deposit Scheme, looks at what to do when your tenant reports a problem and how fast it needs to be dealt with; examples of common problems and, how to handle them; and advice on handling repair deposit disputes.
Landlords have certain legal obligations when responding to repairs
When a tenant reports a problem, landlords must respond and take action. The Landlord and Tenant Act 1985 sets out the basic responsibilities of landlords like looking after the building and outside spaces; making sure the water, gas, electricity, and sewage systems work properly; and dealing with anything that could make the place unsafe or impossible to live in.
Repair timescales
Whilst the law doesn't give specific timeframes for fixes, it does suggest that urgent repairs should be dealt with promptly to prevent further damage or risk to the tenant. For example, a broken boiler in winter should be fixed within 24 hours, while minor issues like a dripping tap can be addressed within a longer timeframe.
Emergency repairs
For issues that pose a risk to health or safety, such as gas leaks, electrical faults, or severe water leaks, immediate action is required. Contact the relevant emergency services if necessary and arrange for a qualified professional to carry out repairs within 24 hours.
Repairs are also considered urgent if they pose a serious risk of harm to the occupants of the property such as mould and damp; where households include vulnerable tenants such as children, older people; disabled people, or those with mobility issues or health problems that the repair issues could exacerbate.
Non-emergency repairs
For non-emergency repairs, like fixing broken appliances or addressing cosmetic damages, it is important to arrange for the repairs within a reasonable timeframe. It is generally recommended to aim to resolve these issues within a week where possible, to ensure that the necessary maintenance is addressed.
5 actions landlords should take when a tenant reports a problem
1. Acknowledge receipt
- Prompt response: Acknowledge receiving the tenant's issue straight away. This can be through a phone call, email, or text message.
- Reassure the tenant: Let the tenant know that you take their concern seriously and that you will address it promptly.
- Record keeping: Document the date and time you received the report and the nature of the problem. Keeping records is essential for tracking, resolving issues, and evidence should this result in a deposit dispute.
2. Conduct an initial assessment
- Evaluate urgency: Determine whether the problem requires immediate attention or if it can be scheduled for a later date. Emergency issues, such as no heating in winter or a severe water leak, should be prioritised.
- Arrange an inspection: Where appropriate, schedule a visit to the property to assess the problem firsthand. This should be done as soon as possible, especially for urgent issues.
- Gather information: During the inspection, gather as much information as possible. Take notes, photos, and videos if necessary. This documentation will help in communicating with repair professionals and in case of future disputes.
3. Develop and communicate a plan of action
- Plan repairs: Based on your assessment, decide on the necessary steps to resolve the issue. This may involve contacting professional contractors or arranging for repairs yourself if it's a minor problem.
- Communicate with the tenant: Inform the tenant of your plan of action and the timeline for resolution. Clear communication helps manage tenant expectations, and confirms the tenant is happy for any scheduled works to take place.
- Provide temporary solutions: If the issue cannot be fixed immediately, you may need to offer temporary solutions. For example, provide space heaters if the heating system is down, or arrange for alternative accommodation if the property becomes uninhabitable.
4. Carry out repairs
- Call in the professionals: For most repairs, especially those involving plumbing, electrical, or structural issues, hire qualified professionals. This ensures the problem is resolved correctly and safely.
- Monitor progress: Stay in touch with the repair professionals to monitor the progress of the work. Ensure that the repairs are completed to the correct standard.
- Follow-up: After repairs are completed, inspect the work to ensure it has been done satisfactorily, and that no further problems are likely to arise.
5. Maintain documentation
- Keep records: Maintain detailed records of all communications, inspections, repairs, and receipts associated with the issue. This documentation is crucial for future reference and in case of any disputes.
- Follow-up with tenant: After the repairs are completed, follow up with the tenant to ensure they are satisfied with the resolution.
- Preventative measures: Consider whether the issue could have been prevented and take steps to avoid similar problems in the future. This might involve regular maintenance schedules or updating certain aspects of the property.Handling deposit disputes surrounding repairs
Handling deposits disputes surrounding repairs
When a repair problem is caused by the tenant, it’s important for landlords to handle the situation fairly, taking into consideration tenant-caused damage and fair wear and tear. Start by conducting a thorough inspection of the issue to understand the extent and cause of the damage, taking detailed notes and photographs as evidence. Assess whether the damage was caused by tenant negligence, misuse, or accidental damage, as opposed to fair wear and tear, and compare the current condition with the initial inventory and any mid-tenancy inspections.
Communicate with the tenant to inform them about the findings, explaining how the damage appears to be their responsibility and present the evidence collected. We often find that the Tenancy Deposit Scheme’s deposit deductions template is useful in these scenarios.
Agents, landlords, and tenants have the option to negotiate directly through the Tenancy Deposit Scheme’s portal without involving adjudication, unless the dispute becomes formal. All users can propose deductions, respond to the other party’s proposals, make adjustments to their offers, or agree with the proposal. The portal allows users to track the progress of the case, facilitating prompt settlement of disputes. There is also a "Chat now" feature that enables confidential discussions, allowing parties to upload relevant files. Importantly, these chats will not be considered part of the dispute if it proceeds to adjudication.
If an agreement cannot be reached, the dispute can be referred to the Tenancy Deposit Scheme which makes fair and impartial decisions based on the evidence provided. Our helpful guide to dispute resolution can be downloaded here.
Not with the Tenancy Deposit Scheme?
Visit our TDS Help Centre to find more guides, tools and templates, all designed to make the life of a landlord easier.
Some of our resources are only available to landlords who use the free deposit protection scheme at TDS Custodial or the insured scheme at TDS Insured. You can access all templates, tools and the full tenancy deposit management dashboard by joining the Tenancy Deposit Scheme.
